A Letter to the New York Times

There's a great blog devoted material that sheds light on facts, ommissions and lies in the latest media feeding frenzy about Pope Benedict XVI and the Catholic Church.  It's called Just B16 and it's part of the great Mercatornet.com site.

Here's an excerpt of a letter which law professor John Cloverdale wrote to the New York Times that explains the difference between "defrocking" and laicization.

"Like many other people, I have felt in recent weeks that some news outlets have unfairly targeted Pope Benedict XVI in connection with sexual abuse by priests.

In part this is a question of emphasis, with daily coverage of what may or may not have been minor mistakes in judgment decades ago and almost no attention to the major efforts Pope Benedict has made to remedy what is undeniably a horrible situation.

With some frequency, however, I have observed what strikes me as deliberate distortion of the facts in order to put Pope Benedict in a bad light. I would like to call your attention to what seems to me a clear example of this sort of partisan journalism: Laurie Goodstein and Michael Luo’s article “Pope Put Off Move to Punish Abusive Priest” published on the front page of the New York Times on April 10, 2010. The story is so wrong that it is hard to believe it is not animated by the anti-Catholic animus that the New York Times and other media outlets deny harboring.

Canonical procedure punishes priests who have violated Church law in serious ways by “suspending” them from exercising their ministry. This is sometimes referred to as “defrocking.” (According to Webster’s New Collegiate Dictionary to “defrock” is to deprive of the right to exercise the functions of an office. )

A priest who has been suspended may request that he be released from his vows of celibacy and other obligations as a priest. If granted, this petition to be “laicized” would leave the former priest free to marry. Laicization (which is altogether different from defrocking and which may apply to a priest who has committed no crime but simply wishes to leave the priesthood) is not further punishment. It is something a priest who has already been punished by being suspended might well desire, as do some priests who have committed no crime and who have not been suspended..

The priest who is the subject of the article had already been punished by being suspended long before his case reached Rome. He asked to be laicized. Cardinal Ratzinger delayed his laicization not his “defrocking” as the article incorrectly says. He had been defrocked years earlier when he was suspended from the ministry. All of this is clear without reference to outside sources to anyone who knows something about Church procedure and reads the article with sufficient care. It is anything but clear, however, to a normal reader.

My complaint here is not that the article misuses the word “defrock” but rather that by so doing it strongly suggests to readers that Cardinal Ratzinger delayed the priest’s removal from the ministry. Delaying laicization had nothing to do with allowing him to continue exercising the ministry, from which he had already been suspended.

Not only does the article fail to make these distinctions, it positively misstate the facts. Its title is “Pope Put off Move to Punish Abusive Priest.” [italics added] It describes Cardinal Ratzinger’s decision as involving whether the abusive priest “should be forced from the priesthood” [italics added]. Even a moderately careful journalist would have to notice that all of this is incompatible with the fact (reported in the second paragraph of the article) that the priest himself had asked for what Cardinal Ratziner delayed.

Had the facts been reported accurately, the article would have said that the priest was promptly punished by being removed from the ministry for his crimes, but that when he asked to be reduced to the lay state, which would have given him the right to marry within the Church, Cardinal Ratzinger delayed granting the petition. That, of course, would hardly have merited front page treatment, much less a headline accusing the Pope of “Putt[ing] off Move to Punish Abusive Priest.”

The second half of the article reports that the priest later worked as a volunteer in the youth ministry of his former parish. This is obviously regrettable and should not have happened, but he was not acting as a priest (youth ministers are laymen, not priests).

A careful reader who was not misled by the inaccuracies in the first part of the article would, of course, realize that his volunteering as a youth minister had no factual or legal connection with Cardinal Ratzinger’s delaying the grant of laicization.

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Follow the Money

I had an interesting conversation with a retired lawyer a few days ago about the controversy concerning the Holy Father.  She's not Catholic and not particularly interested in the faith, so she has just been skimming the headlines.  But she told me that it has become a common strategy in litigation and high profile criminal cases to use the news media as leverage.

Here's an excerpt of a must-read Wall Street Journal piece by William McGurn that helps to see one of the agendas at play:

Ms. Goodstein cites internal church documents, which the Times posted online. The documents were provided by Jeff Anderson and Mike Finnegan. They are described as "lawyers for five men who have brought four lawsuits against the Archdiocese of Milwaukee."

What she did not tell readers is that Mr. Anderson isn't just any old lawyer. When it comes to suing the church, he is America's leading plaintiffs attorney. Back in 2002, he told the Associated Press that he'd won more than $60 million in settlements from the church, and he once boasted to a Twin Cities weekly that he's "suing the s–t out of them everywhere." Nor did the Times report another salient fact about Mr. Anderson: He's now trying to sue the Vatican in U.S. federal court.

None of this makes Mr. Anderson wrong or unworthy of quoting. It does make him a much bigger player than the story disclosed. In fact, it's hard to think of anyone with a greater financial interest in promoting the public narrative of a church that takes zero action against abuser priests, with Pope Benedict XVI personally culpable.

Asked about the omissions in an email, Ms. Goodstein replied as follows: "Given the complexity of the Murphy case, and the relative brevity of my story, I don't think it is realistic for you to expect this story to get into treating other cases that these attorneys have handled."

There is lots of good further analysis of the spin in the NYT article.  McGurn concludes:

That's not to say that the press should be shy, even about Pope Benedict XVI's decisions as archbishop and cardinal. The Murphy case raises hard questions: why it took the archbishops of Milwaukee nearly two decades to suspend Murphy from his ministry; why innocent people whose lives had been shattered by men they are supposed to view as icons of Christ found so little justice; how bishops should deal with an accused clergyman when criminal investigations are inconclusive; how to balance the demands of justice with the Catholic imperative that sins can be forgiven. Oh, yes, maybe some context, and a bit of journalistic skepticism about the narrative of a plaintiffs attorney making millions off these cases.

That's still a story worth pursuing.

I agree.

The other agenda is that of the rabid secularists and moral relativists who are trying to undermine the Catholic Church's moral authority.  More on that later.

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