A Response to the New York Times by Fr. Raymond J. de Souza

The New York Times on March 25 accused Cardinal Joseph Ratzinger, now Pope Benedict XVI, of intervening to prevent a priest, Fr. Lawrence Murphy, from facing penalties for cases of sexual abuse of minors.

The story is false. It is unsupported by its own documentation. Indeed, it gives every indication of being part of a coordinated campaign against Pope Benedict, rather than responsible journalism.

Before addressing the false substance of the story, the following circumstances are worthy of note:

 • The New York Times story had two sources. First, lawyers who currently have a civil suit pending against the Archdiocese of Milwaukee. One of the lawyers, Jeffrey Anderson, also has cases in the United States Supreme Court pending against the Holy See. He has a direct financial interest in the matter being reported.

 • The second source was Archbishop Rembert Weakland, retired archbishop of Milwaukee. He is the most discredited and disgraced bishop in the United States, widely known for mishandling sexual-abuse cases during his tenure, and guilty of using $450,000 of archdiocesan funds to pay hush money to a former homosexual lover who was blackmailing him. Archbishop Weakland had responsibility for the Father Murphy case between 1977 and 1998, when Father Murphy died. He has long been embittered that his maladministration of the Archdiocese of Milwaukee earned him the disfavor of Pope John Paul II and Cardinal Joseph Ratzinger, long before it was revealed that he had used parishioners’ money to pay off his clandestine lover. He is prima facie not a reliable source.

 • Laurie Goodstein, the author of the New York Times story, has a recent history with Archbishop Weakland. Last year, upon the release of the disgraced archbishop’s autobiography, she wrote an unusually sympathetic story that buried all the most serious allegations against him (New York Times, May 14, 2009).

 • A demonstration took place in Rome on Friday, coinciding with the publication of the New York Times story. One might ask how American activists would happen to be in Rome distributing the very documents referred to that day in the New York Times. The appearance here is one of a coordinated campaign, rather than disinterested reporting.

It’s possible that bad sources could still provide the truth. But compromised sources scream out for greater scrutiny. Instead of greater scrutiny of the original story, however, news editors the world over simply parroted the New York Times piece. Which leads us the more fundamental problem: The story is not true, according to its own documentation.

The New York Times made available on its own website the supporting documentation for the story. In those documents, Cardinal Ratzinger himself does not take any of the decisions that allegedly frustrated the trial. Letters are addressed to him; responses come from his deputy. Even leaving that aside, though, the gravamen of the charge — that Cardinal Ratzinger’s office impeded some investigation — is proven utterly false.

The documents show that the canonical trial or penal process against Father Murphy was never stopped by anyone. In fact, it was only abandoned days before Father Murphy died. Cardinal Ratzinger never took a decision in the case, according to the documents. His deputy, Archbishop Tarcisio Bertone, suggested, given that Father Murphy was in failing health and a canonical trial is a complicated matter, that more expeditious means be used to remove him from all ministry.

To repeat: The charge that Cardinal Ratzinger did anything wrong is unsupported by the documentation on which the story was based. He does not appear in the record as taking any decision. His office, in the person of his deputy, Archbishop Bertone, agreed that there should be full canonical trial. When it became apparent that Father Murphy was in failing health, Archbishop Bertone suggested more expeditious means of removing him from any ministry.

Furthermore, under canon law at the time, the principal responsibility for sexual-abuse cases lay with the local bishop. Archbishop Weakland had from 1977 onwards the responsibility of administering penalties to Father Murphy. He did nothing until 1996. It was at that point that Cardinal Ratzinger’s office became involved, and it subsequently did nothing to impede the local process.

The New York Times flatly got the story wrong, according to its own evidence. Readers may want to speculate on why.

Here is the relevant timeline, drawn from the documents the New York Times posted on its own website.

15 May 1974

Abuse by Fr. Lawrence Murphy is alleged by a former student at St. John’s School for the Deaf in Milwaukee. In fact, accusations against Father Murphy go back more than a decade.

12 September 1974

Father Murphy is granted an official “temporary sick leave” from St. John’s School for the Deaf. He leaves Milwaukee and moves to northern Wisconsin, in the Diocese of Superior, where he lives in a family home with his mother. He has no official assignment from this point until his death in 1998. He does not return to live in Milwaukee. No canonical penalties are pursued against him.

9 July 1980

Officials in the Diocese of Superior write to officials in the Archdiocese of Milwaukee about what ministry Father Murphy might undertake in Superior. Archbishop Rembert Weakland, archbishop of Milwaukee since 1977, has been consulted and says it would be unwise to have Father Murphy return to ministry with the deaf community. There is no indication that Archbishop Weakland foresees any other measures to be taken in the case.

17 July 1996

More than 20 years after the original abuse allegations, Archbishop Weakland writes to Cardinal Ratzinger, claiming that he has only just discovered that Father Murphy’s sexual abuse involved the sacrament of confession — a still more serious canonical crime. The allegations about the abuse of the sacrament of confession were in the original 1974 allegations. Weakland has been archbishop of Milwaukee by this point for 19 years.

It should be noted that for sexual-abuse charges, Archbishop Weakland could have proceeded against Father Murphy at any time. The matter of solicitation in the sacrament of confession required notifying Rome, but that too could have been done as early as the 1970s.

10 September 1996

Father Murphy is notified that a canonical trial will proceed against him. Until 2001, the local bishop had authority to proceed in such trials. The Archdiocese of Milwaukee is now beginning the trial. It is noteworthy that at this point, no reply has been received from Rome indicating that Archbishop Weakland knew he had that authority to proceed.

24 March 1997

Archbishop Tarcisio Bertone, Cardinal Ratzinger’s deputy at the Congregation for the Doctrine of the Faith, advises a canonical trial against Father Murphy.

14 May 1997

Archbishop Weakland writes to Archbishop Bertone to say that the penal process against Father Murphy has been launched, and notes that the Congregation for the Doctrine of the Faith has advised him to proceed even though the statute of limitations has expired. In fact, there is no statute of limitations for solicitation in the sacrament of confession.

Throughout the rest of 1997 the preparatory phases of penal process or canonical trial is underway. On 5 January 1998 the Tribunal of the Archdiocese of Milwaukee says that an expedited trial should be concluded within a few months.

12 January 1998

Father Murphy, now less than eight months away from his death, appeals to Cardinal Ratzinger that, given his frail health, he be allowed to live out his days in peace.

6 April 1998

Archbishop Bertone, noting the frail health of Father Murphy and that there have been no new charges in almost 25 years, recommends using pastoral measures to ensure Father Murphy has no ministry, but without the full burden of a penal process. It is only a suggestion, as the local bishop retains control.

13 May 1998

The Bishop of Superior, where the process has been transferred to and where Father Murphy has lived since 1974, rejects the suggestion for pastoral measures. Formal pre-trial proceedings begin on 15 May 1998, continuing the process already begun with the notification that had been issued in September 1996.

30 May 1998

Archbishop Weakland, who is in Rome, meets with officials at the Congregation of the Doctrine of the Faith, including Archbishop Bertone but not including Cardinal Ratzinger, to discuss the case. The penal process is ongoing. No decision taken to stop it, but given the difficulties of a trial after 25 years, other options are explored that would more quickly remove Father Murphy from ministry.

19 August 1998

Archbishop Weakland writes that he has halted the canonical trial and penal process against Father Murphy and has immediately begun the process to remove him from ministry — a quicker option.

21 August 1998

Father Murphy dies. His family defies the orders of Archbishop Weakland for a discreet funeral.

— Father Raymond J. de Souza is a chaplain at Queen’s University in Ontario.

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Classic Example of Spinning Truth To Fit One’s Conclusions (notice how Donahue fills in the missing pieces)

Scoundrel Time(s)

The sexual and physical abuse of children and young people is a global plague; its manifestations run the gamut from fondling by teachers to rape by uncles to kidnapping-and-sex-trafficking. In the United States alone, there are reportedly some 39 million victims of childhood sexual abuse. Forty to sixty percent were abused by family members, including stepfathers and live-in boyfriends of a child’s mother—thus suggesting that abused children are the principal victims of the sexual revolution, the breakdown of marriage, and the hook-up culture. Hofstra University professor Charol Shakeshaft reports that 6-10 percent of public school students have been molested in recent years—some 290,000 between 1991 and 2000. According to other recent studies, 2 percent of sex abuse offenders were Catholic priests—a phenomenon that spiked between the mid-1960s and the mid-1980s but seems to have virtually disappeared (six credible cases of clerical sexual abuse in 2009 were reported in the U.S. bishops’ annual audit, in a Church of some 65,000,000 members).

Yet in a pattern exemplifying the dog’s behavior in Proverbs 26:11, the sexual abuse story in the global media is almost entirely a Catholic story, in which the Catholic Church is portrayed as the epicenter of the sexual abuse of the young, with hints of an ecclesiastical criminal conspiracy involving sexual predators whose predations continue today. That the vast majority of the abuse cases in the United States took place decades ago is of no consequence to this story line. For the narrative that has been constructed is often less about the protection of the young (for whom the Catholic Church is, by empirical measure, the safest environment for young people in America today) than it is about taking the Church down—and, eventually, out, both financially and as a credible voice in the public debate over public policy. For if the Church is a global criminal conspiracy of sexual abusers and their protectors, then the Catholic Church has no claim to a place at the table of public moral argument.

The Church itself is in some measure responsible for this. Reprehensible patterns of clerical sexual abuse and misgovernance by the Church’s bishops came to glaring light in the U.S. in 2002; worse patterns of corruption have been recently revealed in Ireland. Clericalism, cowardice, fideism about psychotherapy’s ability to “fix” sexual predators—all played their roles in the recycling of abusers into ministry and in the failure of bishops to come to grips with a massive breakdown of conviction and discipline in the post-Vatican II years. For the Church’s sexual abuse crisis has always been that: a crisis of fidelity. Priests who live the noble promises of their ordination are not sexual abusers; bishops who take their custody of the Lord’s flock seriously, protect the young and recognize that a man’s acts can so disfigure his priesthood that he must be removed from public ministry or from the clerical state. That the Catholic Church was slow to recognize the scandal of sexual abuse within the household of faith, and the failures of governance that led to the scandal being horribly mishandled, has been frankly admitted—by the bishops of the United States in 2002, and by Pope Benedict XVI in his recent letter to the Catholic Church in Ireland. In recent years, though, no other similarly situated institution has been so transparent about its failures, and none has done as much to clean house. It took too long to get there, to be sure; but we are there.

These facts have not sunk in, however, for either the attentive public or the mass public. They do not fit the conventional story line. Moreover, they impede the advance of the larger agenda that some are clearly pursuing in these controversies. For the crisis of sexual abuse and episcopal malfeasance has been seized upon by the Church’s enemies to cripple it, morally and financially, and to cripple its leaders. That was the subtext in Boston in 2002 (where the effort was aided by Catholics who want to turn Catholicism into high-church Congregationalism, preferably with themselves in charge). And that is what has happened in recent weeks, as a global media attack has swirled around Pope Benedict XVI, following the revelation of odious abuse cases throughout Europe. In his native Germany, Der Spiegel has called for the pope’s resignation; similar cries for papal blood have been raised in Ireland, a once-Catholic country now home to the most aggressively secularist press in Europe.

But it was the New York Times’ front page of March 25 that demonstrated just how low those determined to bring the Church down were prepared to go.

Rembert Weakland is the emeritus archbishop of Milwaukee, notorious for having paid hundreds of thousands of dollars to satisfy the demands of his former male lover. Jeff Anderson is a Minnesota-based attorney who has made a substantial amount of money out of sex abuse “settlements,” and who is party to ongoing litigation intended to bring the resources of the Vatican within the reach of contingency-fee lawyers in the United States. Yet these two utterly implausible—and, in any serious journalistic sense, disqualified—sources were those the Times cited in a story claiming that, as cardinal prefect of the Congregation for the Doctrine of the Faith [CDF], Joseph Ratzinger, later Benedict XVI, had prevented sanctions against Father Lawrence Murphy, a diabolical Milwaukee priest who, decades before, had abused some 200 deaf children in his pastoral care. This was simply not true, as the legal papers from the Murphy case the Times provided on its Web site demonstrated (see here for a demolition of the Times’ case based on the documentary evidence it made available). The facts, alas, seem to be of little interest to those whose primary concern is to nail down the narrative of global Catholic criminality, centered in the Vatican.

The Times’ descent into tabloid sourcing and innuendo was even more offensive because of recent hard news developments that underscore Pope Benedict’s determination to root out what he once described as the “filth” in the Church. There was, for example, the pope’s March 20 letter to the Catholic Church in Ireland, which was unsparing in its condemnation of clerical sexual offenders (“. . . you betrayed the trust that was placed in you by innocent young people and their parents and you must answer for it before Almighty God and before properly constituted tribunals”) and unprecedented in its critique of malfeasant bishops (“grave errors of judgment were made and failures of leadership occurred . . . [which have] undermined your credibility and effectiveness”). Moreover, the pope mandated an Apostolic Visitation of Irish dioceses, seminaries, and religious congregations—a clear indication that dramatic leadership change in Ireland is coming. In framing his letter to Ireland so vigorously, Benedict XVI succeeded in overcoming the institutional Vatican preference for the subjunctive in dealing with situations like this, and the pleas of Irish bishops that he cut them some slack, given the intense pressures they were under at home. That the pope rejected both curial and Irish opposition to his lowering the boom ought to have made clear that Benedict XVI is determined to deal with the problem of sexual abuse and episcopal misgovernance in the strongest terms. But for those obsessing over whether a pope had finally “apologized” for something (as if John Paul II had not spent a decade and a half “cleansing the Church’s historical conscience,” as he put it), these unmistakable signals were lost.

Then there was the March 25 letter from the leadership of the Legionaries of Christ to Legionary priests and seminarians and the Legion-affiliated movement, Regnum Christi. The letter disavowed the Legion’s founder, Father Marcial Maciel, as a model for the future, in light of revelations that Maciel had deceived popes, bishops, laity, and his brother Legionaries by living a duplicitous double life that included fathering several children, sexually abusing seminarians, violating the sacrament of penance, and misappropriating funds. It was Joseph Cardinal Ratzinger who, as prefect CDF, was determined to discover the truth about Maciel; it was Pope Benedict XVI who put Maciel under virtual ecclesiastical house arrest during his last years, and who then ordered an Apostolic Visitation of the Legion of Christ that is currently being concluded: hardly the acts of a man at the center of a conspiracy of silence and cover-up.

While the Vatican has been far quicker in its recent response to irresponsible media reports and attacks, it could still do better. A documented chronology how the archdiocese of Munich-Freising handled the case of an abusing priest who had been brought to Munich for therapy while Ratzinger was archbishop would help buttress the flat denials, by both the Vatican and the archdiocese, that Ratzinger knowingly reassigned a known abuser to pastoral work—another charge on which the Times and others have been chewing. More and clearer explanations of how the canonical procedures put into place at CDF several years ago have accelerated, not impeded, the Church’s disciplining of abusive clergy would also be useful.

So, of course, would elementary fairness from the global media. That seems unlikely to come from those reporters and editors at the New York Times who have abandoned any pretence of maintaining journalistic standards. But it ought not be beyond the capacity of other media outlets to understand that much of the Times’ recent reporting on the Church has been gravely distorted, and to treat it accordingly.

Source: George Weigel, Distinguished Senior Fellow of Washington’s Ethics and Public Policy Center, is the author of The Courage To Be Catholic: Crisis, Reform, and the Future of the Church (Basic Books).

Judas Today!

“Who invited this guy? I thought I said, ‘no confusing me with the facts!'”

The West Needs a Spiritual Surge

The spell of the Enlightenment so profoundly distracts many Western opinion makers that the worldwide rise of religion is either ignored or it is viewed as major threat rather than an important source for the re-moralization of society. True, many observers have noted, especially after September 11, that the rise of a religiously ferocious Islam is not limited to the Arab world, but is very much in evidence in all Muslim nations from Indonesia to Turkey. But few have paid mind to the importance of the crowded churches in former communist countries in Eastern Europe and Russia; to the many scores of millions who are finding religion in China; and to the rapidly growing followings of a variety of religious denominations, cults and sects all over the world.

The global significance of these developments is highlighted in what otherwise would be an almost trivial development: the U.S. Agency for International Development is revising the textbooks used in Afghan and Iraqi schools. Its staff has been tearing out of these texts the passages that extol the Taliban and Saddam Hussein, but they have been stymied in finding what other values to instill, deciding instead to focus on teaching math, science and English. However, such secular teachings do not address profound issues that religions do speak to: What is a virtuous life? What are our obligations to our family members, friends and other community members? Is death a threatening end we all must fear or merely a passing to a better place? Are we truly better off as we command ever more goods? And can those of us who do not “make it” in the marketplace—still find deep sources of self-respect? 

Western secularism largely avoids these issues. Its consumer hedonism has an appeal of its own, but more and more people find that they cannot keep up with the Joneses. Hence the growing alienation in the countryside and among urban migrants—among the majority of the people—in developing nations such as India and China. The West does well when it extols the dignity of the individual, the value of autonomy and human rights. However these are basically ideologies that serve as compelling antidotes to excessive governmental intrusions and celebrate self-government. They do not address the questions that a person faces once he is free to choose, free to set his own course of destiny and purpose. 

The lack of responses to these transcendental questions is the main reason the West will continue to fall behind in the global clash of belief systems. Theoretically the West can evolve a much richer set of values by drawing on secular humanism, as long as it accords much more weight to the affirmative moral categories of Immanuel Kant and John Rawls’ conception of social justice, rather than focusing on libertarian notions of free choice. However, the religious revival sweeping all the world—except Western Europe—strongly suggests that the West will also have to draw on religious sources in seeking to speak to the profound questions that gnaw at people, especially once they have secured their basic creature comforts. 

Rather than treating religion, as so many enlightened people do, as a relic of the past, long on passion and short on reason, the enemy of progress and freedom, the West will best learn to differentiate between moderate, civil religious interpretations and violence-prone, fundamentalist ones. The first kind address key transcendental questions that concern our obligations to one another and our cosmic destiny, while seeking to persuade people rather than to coerce them to abide by the religious tenets. Among Christians there are indeed those who believe that their religion “comes not to bring peace, but a sword,” but many more who would rather “turn the other cheek”; some Jews also believe that God bequeathed to them the West Bank, but most believe that they ought to trade land for peace. Similarly there are Muslims who view jihad as a call to holy war, but there are others who follow the widely held interpretation of jihad as a spiritual journey of self-improvement, and who favor consultation with the community as the arbiter of religious norms (shura) over a mullah-led theocracy. 

The West may well have to draw on both enriched secular humanism and on moderate religious beliefs, if it is not to lose the struggle over the hearts and minds of the majority of the people of the world. It needs a spiritual rather a military surge.

Source: TPM