September 21, 2005

Lawyer challenges immunity for pope

HOUSTON (TX)
Houston Chronicle

By HARVEY RICE

A Houston lawyer plans to challenge the constitutionality of the U.S. diplomatic recognition of the Vatican as he pursues a lawsuit accusing Pope Benedict XVI of conspiring to cover up the molestation of three boys.

The challenge by attorney Daniel Shea is in response to a U.S. government filing recommending immunity for the pope, formerly Cardinal Joseph Ratzinger, as a head of state.

"It's patently unconstitutional," Shea, whose client is known only as John Doe I, said Tuesday. "Joseph Ratzinger is not head of state. He's head of a church."

The filing in Houston federal court Tuesday by Assistant Attorney General Peter Keisler states that it is in the interest of U.S. foreign policy that the pope have immunity. The government asks U.S. District Judge Lee Rosenthal to find that the pope is immune from the lawsuit under international law.

"The purpose of the suggestion of immunity is to cause the court to dismiss the case against Pope Benedict XVI," said Jeffrey Lena, a Berkeley, Calif., attorney representing the pope.

Shea said that accepting the claim of immunity creates "a conundrum for the church" because the pope has claimed he is the head of a church in earlier filings but now claims he is a head of state.

Posted by kshaw at September 21, 2005 09:34 AM