Courts Must Now Apply Laws to Popes & All Cardinals

By Jerry Slevin
Christian Catholicism
February 26, 2013

http://christiancatholicism.com/courts-must-now-apply-laws-to-new-pope-all-cardinals/

The current meltdown at the Vatican reveals what so many Catholics shamefully preferred to overlook for years. It is truly a “Wizard of Oz moment”, as the international media has pulled back the papal curtain for all to see. The Pope is trying to keep secret a 300 page report evidentally of massive criminal conduct affecting innocent children, among others, and documenting financial corruption. Papal Rome has just burned down and the Pope fiddles over his new title.

Meanwhile, the Pope’s press officer has now even suggested that the papal elections are so secret that reporters face excommunication if they report any leaks they receive from Cardinals about voting results. The Middle Ages are over! The papal “witch” is dead. Time to end the mystical nonsense and to protect and respect children, women, AIDS victims, gay persons and the many other groups that have suffered much, needlessly, as a result of a self-serving Vatican clique’s lust for power and wealth, with a little sex on the side. We have heard more than enough already.

The papal geo-political strategy following World War I of trading “papal blessings” for papal influence and subsidies received a mortal wound with President Barack Obama’s strong re-election victory over the Pope’s flawed anti-contraceptive and anti-gay marriage strategy. The Pope’s strategy has now breathed its last with the recent election trouncing of the Pope’s preferred candidate, Italy’s Prime Minister Monti, by an ex-Clown Prince! It really is a good time for the Pope to leave the Vatican, and hopefully he will not return. He can pray and meditate better at Castel Gandolfo, and still claim sovereign immunity there as well under the Lateran Treaty.

Now secular leaders must act immediately to apply the rule of law to the Pope and the Cardinals. Enough with the winks and nods and special dispensations seeking political support. The International Criminal Court prosecutor must stop procrastinating and national leaders, like President Obama and Germany’s Chancellor Angela Merkel, must step-up and follow the admirable lead of Australia’s Prime Minister, Julia Gillard, and Ireland’s Prime Minister, Enda Kenny. Subpoena the secret report and the Pope’s butler and put an end to the incessant rape of children by priests!

The escalating cracks in the Vatican’s walls are expanding almost at a geometric pace–truly breathtaking. One Cardinal is down, several are on the edge, and a desparate Pope cannot change the Conclave rules fast enough to try to stem the bleeding as he packs to leave town. This surely is the worst crisis since the Reformation, at least for the Vatican hierarchy. To many of the remaining one billion plus Catholics, it is mainly Good News. The “First” will soon be returned to the “Last”, children will be safer, women will be more respected, family planning will be available to save more children from misery, Catholic scholars will again be able to think freely and aloud, and gay persons will be freed of oppression from too many conflicted and closeted gay hierarchs. Divinely, the Gospels wisely show us Jesus and his early followers rejected evil empires and hypocritical hierarchs; while valuing authenticity and children. Welcome back, Gospels. We missed you when you were gone!

The Pope is treating Cardinals as obedient fools, not as successors to the Apostles. He springs on them suddenly his resignation, then tells them they cannot read the very relevant secret report about Vatican scandals that likely lead to his resignation. He wants to cut down the Cardinal’s pre-voting candidate review period, while the Vatican Cardinal clique has likely had plenty of time to scheme for their candidate. Will Cardinals play dead now or bark back at the departing German Shepherd? Or will the Cardinals just let the prosecutors and courts take control and implement reforms?

Cardinal Dolan already objected to shortening the pre-Conclave candidate review period. Will other voting Cardinals now join him and demand more time? By assembling a one-third voting block, they of course can take all the time in the world! Will they also demand to see the full secret report on the Vatican scandals, or will they just have to eliminate as a potential candidate any Cardinal who resides in Italy or who is being promoted by a Cardinal resident in Italy? Without a scorecard, how can you vote intelligently? On snippets of a secret report from octogenerian Cardinals who learned their early lessons ministering under Mussolini, Hitler, Stalin and/or Franco? The last two Popes showed us only too well the tricks learned by clerics with early experiences under Fascists.

Increasing numbers of Cardinals seem to be facing serious criminal prosecution risks that likely could increase rapidly unless the Vatican is reformed promptly and broadly. Last year, Philly’s Cardinal Bevilacqua avoided almost imminent prosecution by dying first and his top aide is in prison. Prosecutors and jurors will likely no longer give Cardinals the benefit of the doubt and the media is aggressively reporting Cardinals’ sins more often. The next Pope must confront these risks honestly and openly or the risk of imprisonment will almost surely only increase for Cardinals worldwide. The next Pope must require that abuse survivors are treated justly and that children are protected effectively. He must assure that hierarchical wrongdoers are exposed, removed and punished transparently and promptly. He must end the financial scandals; not just ship a key financial player to South America. These pressing imperatives require new leadership and real reforms now, especially to minimize prosecution risks.

Less than four months ago, the Pope tried unsuccessfully to take down the world’s most powerful leader, Barack Obama, in his re-election bid. Now the Pope flees the Vatican a broken man. The earlier shrewd effort of Pope Pius XII, as papal diplomat and then Pope, to maintain the charade of a Vatican nation-state as a purported world power for the tiny remnant of a former petty Italian papal kingdom, the Papal States, is finally over. Pope John Paul II was able temporarily to prop up and renew this papal geo-political overreach because Ronald Reagan thought he needed the Polish Pope to bring down the Soviets, but that brief political alliance ended with a thud with President Obama’s re-election. The Vatican must now focus on spiritual matters and forget politics and anti-contraceptive and anti-gay marriage crusades. Papal political clout is now clearly just an historical anomaly.

Very recently, Catholic theologian, Hans Kung, Dominican priest, Matthew Fox, and Oxford historian, Sir Diarmaid MacCulloch, have weighed in on the current crisis. Their brief assessments must be listened to, or some Cardinals will likely be prosecuted sooner rather than later.

Fr. Kung just spoke of his former university colleague, Joseph Ratzinger, this week as reported here at: http://www.spiegel.de/international/zeitgeist/theologian-hans-kueng-discusses-the-future-of-the-catholic-church-a-884080.html

The seemingly unending and substantially unaddressed Vatican scandals of child abuse cover-ups, sexual blackmail, financial corruption and managerial incompetence have reached a tipping point that made resignation the only option apparently. Shortly, perhaps this week, voting Cardinals reportedly may be told secretly some of what is in the confidential report of the three octogenerian non-voting Cardinals.

The Pope has now just indicated the voting Cardinals will not see the actual report dossier before they vote. How convenient! Are voting Cardinals that subservient? How can they sensibly vote when they are denied access to critical relevant information readily available that the Pope is withholding from them, even as he now cuts down the pre-election review period and prepares apparently to continue ruling with Georgeous Georg from his nearby convent?? Are the voting Cardinals really successors of the Apostles or only the German Shepherd’s obedient puppies? Will voting Cardinals have to leave the Conclave in disguise, like Pius IX left Rome, to avoid the inevitable outbursts of shameful scorn from worldwide Catholics?

The next Pope will surely be bogged down for years in ongoing worldwide governmental investigations, civil litigation and criminal prosecutions of the Church’s hierarchy that are now beginning to mushroom.

These papal challenges are already burdened by the overall dark, but as of yet insufficiently rejected, legacy left by ex-Cardinal Joseph Ratzinger and his Polish predecessor, so concisely summarized by Dominican priest, Matthew Fox, a student of key theologian, M.-D. Chenu, who theologically guided Joseph Ratzinger and Karol Wotyla at Vatican II, accessible here:

http://www.huffingtonpost.com/matthew-fox/the-dark-legacy-of-pope-benedict-xvi_b_2720313.html

Meanwhile,well informed Oxford historian, Sir Diarmaid MacCulloch, has characteristically just put the Pope’s resignation and the Vatican’s current dysfunctional structure into an insightful, revealing and constructive historical perspective, in only a few words, accessible here: http://www.irishtimes.com/newspaper/opinion/2013/0223/1224330417995.html

Here’s what well-advised Cardinals who want to survive can and should do, in my view as an experienced international lawyer and lifelong Catholic.

First, they must read my overall proposal to Pope Benedict XVI in my Washington Post column in 2010, accessible here:

http://newsweek.washingtonpost.com/onfaith/guestvoices/2010/04/pope_should_endorse_independent_investigation.html

Cardinals then need to join together and block by a one-third vote any papal candidate, otherwise acceptable, that will not agree publicly BEFORE installation to take the following three actions:

(1) Serve only a three year term subject to re-election thereafter. Pope Benedict just proved by resigning that the papacy is not a lifelong position.

(2) Appoint now a special commission to identify and recommend within nine months needed structural and pastoral changes, with specific changes preliminarily listed now for the commission’s consideration.

(3) Implement the needed changes so identified at a worldwide council held away from Rome within six months of receipt of the special committee’s recommendations as described in my Washington Post article.

Alternatively, Cardinals can just consider giving the Vatican clique their blank papal proxies, then hire expensive criminal lawyers and pray for a miracle. How do they really think God will respond?

Predictably, the “secret dossier” reportedly will not be publicly disclosed to the worldwide Catholic faithful whose contributions funded the report and the Cardinals’ opulent lifestyles. Catholics will once again have to wait until some of the slime is selectively leaked by some conniving Cardinal. Why doesn’t Benedict not just release the full report now to everyone and give the new Pope a fighting chance to regain some of the diminishing trust of a majority of Catholics that Benedict lost so completely? It will be on the Internet eventually anyway! How will the next Pope have legitimacy if the report contains negative information that might have prevented his obtaining the two-thirds vote needed to be elected in the first place. Once again, Vatican incompetence reigns.

As an experienced international lawyer, I am constantly surprised at how naive and/or ill advised so many Cardinals seem to be about their own personal prosecution risks. Now is the time to begin seriously to fix the Church, which will also surely reduce the risk of prosecution for many Cardinals. The Vatican clique seems to live in a legal fantasyland, perhaps hoping to forestall prosecutors for their few remaining years like Cardinal Bevilacqua did. Fine, but any Cardinals who plan to be around awhile need to wake up!

Just think about what’s coming in terms of governmental investigations in Australia, the USA (LA, Philly, Milwaukee, Washington DC, et al.) , Germany, Ireland, the Netherlands, Belgium, Poland, and other European nations, and eventually nations in Latin America, Asia and Africa as well. Criminal lawyers will certainly be busy.The U.S. Cardinals can expect to spend most of the next decade in courts, civil, criminal and/or bankruptcy, assuming any of them return to the USA after the conclave and forgo seeking “Cardinal Law” Vatican immunity protection now.

Unless Cardinals take real steps now in the next couple of weeks, it will be business as usual for the Vatican Cardinals clique once the other Cardinals leave Rome, as happened tragically after Vatican II and as Cardinal Martini recently warned in his final testament.

The original model for the current imperial papacy was created coercively by Constantine and his successors beginning in the Fourth Century. It then served a purpose for over a millenium in a European monarchical world that ended with World War I. It no longer is needed and is so tainted with corruption and secrecy that it needs to go the way of other monarchies, as Cardinal Martini with his recent “200 year updating” final advice surely contemplated.

This will necessitate changing the Vatican administration into one that serves, as Jesus contemplated, rather than one that is served. No wonder the Vatican clique picked Cardinal Ratzinger over Cardinal Martini in 2005. The Church cannot wait any longer to adjust to its new freedom from external political and military pressure. This is an opportunity for a New Evangelization, not the last chance for the Vatican clique to tighten their grip.

A Bishop of Rome could still be maintained to preside over the current spiritual tourist Disneyworld with Vatican museums, parades, custumes, Swiss Guards, etc. A networked worldwide church linked by modern communication that returns to the accountable oversight of local leaders, male and female, popularly selected is long overdue. It is also the structure Jesus and his early followers intentionally left behind and one that would curtail most of the Church’s current shortcomings.

Pertinently, among some of the relevant guidelines generally ascribed to Jesus are that he was opposed to a self-important, excessively scrupulous and overly indulgent religious hierarchy and that he thought children should be protected from harm. These points have neither been consistently understood nor respected in the Vatican for decades, even for centuries. The “Good News”, or the Gospels, have often been disregarded by the Catholic hierarchy where a Renaissance culture of opulence and celibate incomprehension of children still predominate today.

Where in the Gospels did Jesus say predatory priests are to be protected before innocent children, like the Vatican has done for decades, if not centuries? Where did Jesus instruct his followers to wear expensive outfits paid for by donations? Where did Jesus tell his followers to launder money like Cardinals reportedly do through the Vatican Bank?

If, as Benedict has clearly indicated, a Pope should go if he is unable to perform his duties, should he be removed if he is unwilling to perform or performs badly? Should there be term limits or maximum age limits? Of course, the only logical answer is yes to all of these related questions. But the Vatican is run by power politics, not logic, or even spiritual values for that matter. Some Vatican Cardinal will likely leak soon the real reasons Benedict is retiring. Why couldn’t Benedict wait until his refurbished convent was ready?

It is time to restore Catholic leadership to the consensual approach that Jesus and early Catholics followed for over three centuries until Roman Emperors converted the Catholic Bishops, including the Pope, into an imperial bureaucracy dominated by a Vatican clique that dictated ruthlessly for 1,700 years, and still dictates, top-down to Catholics seemingly to fill the clique’s coffers.

Catholics will not likely in their lifetimes have a better opportunity than in connection with the papal election to reform the Church, and at the same time to protect children as Jesus commanded. It is time to restore the consensual church management structure that the overwhelming vote of Vatican II Cardinals and Bishops contemplated would be adopted a half century ago before a minority of Cardinals like Ottaviani, Wotyla, Ratzinger, Sodano, Bertone, Levada, Rigali, Mahony, Law, Burke, Bevilacqua, Brady, et al., subverted its implementation.

Pope John XXIII issued in 1962 the main secrecy order on priest child sex abuse. But he also realized that accountabilty had to be restored to save the Church. He took the first step by trying to get the Vatican Cardinals to share power with the worldwide bishops. He died soon therafter and the Vatican Cardinals’ clique rejected power sharing craftily. Since then, they have installed compliant Popes who like the papal prestige and are happy to do the clique’s bidding.

But the democratic rule of law has run out of patience with clerical child abusers and Popes no longer have any effective political power, as the re-election of President Obama and papal political setbacks in the Philippines, Australia, the United Kingdom, France and elsewhere just proved.

The International Sheriff appears to be on his way to Rome and the Pope cannot hide for long with Georgeous Georg in a refurbished convent. Some of his own Cardinals, or his butler, may likely help nail him, it appears. Why didn’t the butler trust Georg? We may soon find out.

The Vatican clique’s unending stream of blunders, the latest including (1) appointing Cardinal Law’s former canon lawyer as chief Vatican prosecutor of predatory priests, (2) appointing as part-time Vatican Bank “chief” a German investment banker, who is reportedly also overseeing a major arms dealer, and (3) the shaming of Cardinal Mahony publicly, selectively and gratuitously, while others like Cardinals Brady and Rigali got a pass.

But at this point does any of this matter to most Catholics worldwide? While it may seem overly pessimistic to say so soon that the next Pope will likely fail too, it is just being realistic; and yet there is also room for much optimism. The papal resignation is tantamount to an admission of failure and will lead to de-mystification of the papacy quickly. Pope Benedict XVI, soon to again be non-Pontiff, Joseph Ratzinger, and his Vatican clique led by Cardinal Sodano et al., have already set the stage for the next failure.

The sudden call for a quick election conclave substantially diminishes any chance of a real opposition being mounted by non-Vatican Cardinals. Since the Pope apparently knew for some time he would resign, the suddenness seems well planned. Ratzinger will soon be living a few hundred yards away from the new Pope in his refurbished retirement base, hardly a monastery, where he can continue to dictate policy by remote control.

The reason for some optimism is that the Vatican clique’s apparent raw power grab will now just accelerate the sinking of the Vatican Titanic that much sooner. Even overly trusting Catholics will see through the hierarchical charade. Various prosecutors and survivors lawyers can now be expected to be able to reach Ratzinger, who may lose his legal immunity in less than a week. Once the rule of international law starts pulling hard directly on papal threads, the Vatican hierarchy can expect to be quickly uncovered and forced to initiate reforms, perhaps after some senior officials face prosecution, which is likely not too far off.

For example, longtime Vatican Cardinal Rigali is still at risk of prosecution in Philadelphia where his predecessor, Cardinal Bevilacqua, last year apparently escaped a likely imminent criminal indictment for child endangerment by dying first! Their hapless senior aide, Monsignor Lynn, took the fall so far and is in prison.

Catholics are not and should not be waiting on Cardinals. Australian and Irish Catholics have already gotten their governments to act.Now many from different faiths and no faith all across the USA, and even worldwide, including some of those harmed by the abuse of the deaf victims in Milwaukee, have already signed my petition calling on President Obama to step up. They have indicated they have had enough with the domination of local prosecutors and legislators by the Catholic hierarchy and its well paid apologists and lawyers. The UN Committee on Children’s severe criticism of President Obama’s Department of Justice and the U.S. Congress, echoed by SNAP, just reinforces the need for the national investigation commission that the petition requests.

More signatures, including yours, will help accelerate the establishment of the U.S. national investigation commission, especially important now when the Vatican may be at a turning point.

We all have a moral obligation to protect children and signing a petition is a simple, yet potentially effective, way towards meeting that obligation. Please take a minute and sign it at: http://www.change.org/petitions/president-obama-investigate-child-sexual-abuse-by-priests-rabbis-religious-leaders

Please, as well, ask those you respect and who value children to sign it also. If you are active in a U.S. advocacy group, ask your leadership to support the petition. Similarly reticent progressive Catholic voices seem reluctant to press for the positive prospects of President Obama establishing a U.S. national investigation commission. With the UN Committee’s and SNAP’S lead, they need now to take a stand.

What are they all waiting for? Blogging, writing, debating and prayer, however admirable and well intentioned, have to date barely influenced the Vatican clique and their subservient U.S. Bishops on reforms and will likely do little more in the future, certainly in the near term as more children are raped by priests, while overly trusting Catholics continue to contribute enabling complicit bishops to protect priest pedophiles and predators perpetually.

It is a sad commentary on the docility and timidity of so-called progressive U. S. Catholics that a UN Committee in Geneva has to take the lead in calling for national action on a nationwide and pervasive outrage against innocent and defenseless children in the USA !

I have separately proposed that President Obama consider appointing First Lady, Michelle Obama, to chair the new Obama commission. She is well respected as a Harvard lawyer and devoted mother. She would be an ideal choice with her established credibility if she were willing to accept the appointment.

If the First Lady would oversee this, President Obama would still be able to focus on his many other priorities, including resisting the Vatican’s and its plutocratic Republican contributors’ unrelenting and opportunistic efforts to derail Obamacare over contraception insurance and immigration reform over gay marriage.

If there tragically were not over 200 million “unplanned” children living miserably in countries where Vatican lobbying effectively denied their parents access to affordable contraception, a dispute among octogenerian celibates over permissible forms of contraception would make good political satire! But sadly, the Vatican’s anti-contraceptive efforts, apparently mainly to please the Vatican’s plutocratic Republican donors by keeping family planning wedge issues in political play, will very likely only fail again, while these efforts continue nevertheless to burden families and children.

Please click on to the black text at the top of this column for my analysis of related topics.

Finally, I hope some of you will consider linking this statement to your comments at appropriate websites and/or circulating it to others via social media.

Thank you.