Wanted: Orthodox Catholic Political Leaders (Time To Get Serious)

Thursday, May 10, AD 2012

My adult conversion to Catholicism came about through many converging spiritual streams, but one of the things I remember that had perhaps, the biggest positive impact, was my introduction to the Papal Social Encyclicals. I was immediately impressed by the non-ideological, Biblically-consistent worldview expressed by the Catholic Magisterium. As my initial conversion led to graduate Theological studies, teaching in Catholic high schools around the world, and a run for Florida State House; I have remained an ardent admirer of the Social Doctrine of the Church.

It is one of my lifetime goals to find ways to promote the social teachings of our Catholic Magisterium, and to find practical ways to cultivate Catholic political leaders who are similarly dedicated to the work of building civilizations of love founded upon the principles of our complete corpus of social doctrine teachings. As a candidate I discovered that most parishes are ill-equipped to nurture future Catholic leaders or even assist in the process of educating and informing the laity of how they can better influence elections on the basis of the many important moral issues (which have specific Magisterial guidance). It is great to pray for Christian Justice in our world, and it is necessary to take up the responsibility of voting when given that opportunity. But grace builds upon nature, and there is so much more that we could be doing as Catholics to better organize ourselves to have more positive collective impact on our communities and American society.

I urge that we work on two fronts simultaneously-1. Educating the Catholic laity to the Catholic social teachings and the guidance given by our Pope and Bishops’ 2. Use our religious freedoms more effectively at the parish level. I often make use of the story of William Wilberforce, a Christian politician who fought tirelessly to stop the slave trade in Great Britain- he was eventually successful utilizing organizational tools which we could use today (as the Civil Rights Movement here in America demonstrated). I hope my practical advice will be of some use for all those interested in maximizing our public Catholic witness in the social (temporal) realm.

Here are some specific practical proposals:

1. Every parish should organize “Social Doctrine Nights” where specific issues are discussed in the context of the social doctrine, as taught in official sources like Papal Encyclicals, the Compendium of Social Doctrine, the Catechism, US Bishop Pastoral Letters, and so forth. The parish priest should be front and center publicizing the Nights from the pulpit and being present for the meetings to put teeth into the promotion.

2. It would also be good if every parish started a “Compendium of the Social Doctrine of the Church book club”. This would help to locate a core group of lay persons who are truly interested in fulfilling their responsibility to the Temporal Order, to reform the world according to Christ’s teachings and will, as revealed by our Church’s authoritative documents. These hardy souls will go far in sharing their knowledge on those Social Doctrine Nights. At the least, we will give the laity many chances to inform their consciences on public policy matters.

3. As the election cycle nears, every parish should start scheduling town hall meetings and Candidate Forum events. Political candidates should be held accountable before the election takes place. They need to go on record with their thoughts on the issues that our parishioners deem important. The only requirement for such forums is that all candidates are invited with no
obvious bias during the event. Town hall meetings should be convened on singular issues of great importance, and local leaders and potential leaders should be invited to participate or attend.

4. Documents from the U.S. Bishops’ Conferences should be distributed widely in every parish. These documents can easily be inserted into every Sunday Bulletin.

5. Questionnaires for candidates from Catholic Conferences and reputable Catholic Pro-Life organizations should be distributed with information on the issues providing the reader with a clear idea of what the official Church is advising/teaching on the political issue being raised. These questionnaire results should be widely distributed well in advance of the actual Election Day.

6. Potential Catholic political leaders need to be groomed and supported by the Church by all legal means. We cannot be hamstrung by laws that seem bent on keeping an artificial (and false) wall of separation between Church and State. Both the Church and State have particular functions in society, they are not the same, but they are not to be pitted against one another. One way to cope with the reality here, in the United States, is to help private Catholic action groups and organizations, to form apart from the official dioceses and Catholic conferences. These private Catholic organizations could form PACS and contribute directly to Catholic individuals who are seeking to serve the common good first and foremost. They should be committed to serving the official Church social doctrine.

7. Catholic schools should also do more to promote the social doctrine among the youth. I once organized a debate for all congressional candidates in the Catholic high school where I was teaching. The students wrote the questions and had a chance to mingle with the candidates afterwards. It was the only such debate for those candidates in the entire election cycle and many students were positively impacted by the experience. Another area of improvement would be in the development of textbooks with a Catholic perspective, and that covered such areas as Literature, History, Media, Social Studies and so forth. The Catholic worldview and social doctrine have been confined to religion classes, and this has contributed to the compartmentalization of Catholic understanding and expression. Catholic students, with rare exceptions, are not graduating and moving the public debate beyond the narrow partisan/ideological confines of Political Left/Right.

I offer these suggestions because I believe that, as Catholics, we have the blueprint for building a civilization of love at every level of human society. The blueprint is our social doctrine and the gift of our Magisterium in guiding the principles and teachings of Christ into our complex world. As a candidate for public office I discovered a huge void in our Catholic parishes for offering a

place of contact between budding political leaders and the Catholic laity. Nurturing orthodox Catholics to become political leaders in our society is something that also seems missing from the average parish. Having a unique Blueprint (our Social Doctrine) but not having sound organization to carry out the plan is a terrible waste of potential. It is time to go from the drawing phase to building and implementing- to make visible this civilization of love our beloved popes write about with such strong conviction. This is our potential, this is an essential part of our Catholic evangelization. There are a lot of Catholic groups and organizations who lobby politicians after the fact of their election, but we should be intervening in the process from the beginning- nurturing leaders, educating every generation of voter, and providing candidate forums and town hall meetings in our churches (all perfectly legal!).

Once again, these strategies involve the following precepts:

– social doctrine promotion
– town hall meetings
– candidate forums
– encouragement of private Catholic PACS
– Catholic youth mentoring

Pope John Paul II insisted that was necessary for Catholics “to seek the Kingdom of God in dealing with temporal realities and in ordering them in accordance with the divine will.” And he urged us to be courageous in giving witness to our faith in the public arena.

Quoting from “Lumen Gentium”, No.36, Pope John Paul II said that lay men and women, after receiving a sound catechesis and continuing formation, have a clear mission “to extend the Kingdom of God in and through their secular activity, so that ‘the world will be imbued with the Spirit of Christ and more effectively attain its purpose in justice, in love and in peace” (No.3). Hence, the faithful need to receive clear instructions on their duties as Christians, and on their obligation to act in accordance with the Church’s authoritative teachings, the Pope added. And to those who object that such instruction has overly political tones John Paul II stated clearly: “While fully respecting the legitimate separation of Church and state in American life, such a catechesis must also make clear that for the faithful Christian there can be no separation between the faith which is to be believed and put into practice and a commitment to full and responsible participation in professional, political and cultural life” (No.3).

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10 Responses to Wanted: Orthodox Catholic Political Leaders (Time To Get Serious)

  • Good thoughtful post Tim; definitely good considerations to ponder. All who seek to be faithful to the magisterium should have the Compendium of the Social Doctrine of the Church, along wth the Catechism, and work to be familiar with both in their entirety; not cherry picking a favorite section here or there. For most of us their will be plenty that will challenge our political orientation. What I we should encourage others to work for is building The Faith, as a secure foundation first, with politrical involvement and activism following. Building that foundation is a must, and can seem tedious. It is indispensable for any social activism which follows to bear fruit for Christ. Your ideas are a good start.

  • I have emailed this to our St. Philip Neri Oratorio ministry chair (whose name is also Tim, so he should be pretty receptive.)

    This is exactly the kind of thing that we should be doing, as Americans, as Christians, as Catholics and as free men & women. Excellent on all fronts, Tim.

  • I would love to tack this article to the doors of all the churches in my Deanery…hmmmm…perhaps I will…:)

  • Thanks for the feedback and follow-ups- this is my companion piece to the Catholic Education Vision- http://the-american-catholic.com/2012/04/16/a-vision-of-catholic-education-from-the-front-lines/ I would like to see faithful Catholic make a deeper impact than we are currently- we have schools and parishes- why not maximize their potential for good? What are we afraid of?

  • Thank you– that is well thought out and should be do-able for many many parishes and parish clusters.

  • The problem with the USCCB when it comes to socio-economics is that their approach is often more ideological than pastoral. Their leftist tilt on issues like economics, immigration, capital punishment and the like often does more to distort an authentic Catholic understanding of how the faithful are to form their consciences on these matters than it does to inform.

    Catholic teaching on these matters admits of a much greater diversity than the USCCB often portrays them. In so far as they function in their official capacity they need to remain neutral, thus allowing them to hold both sides accountable to Catholic moral principles. their taking sides leaves them vulnerable to exploitation by one side and needlessly alienates the other. A recent example was the unjust USCCB attack on Paul Ryan’s budget. I am not saying they should endorse it, but they should defend it as legitimate from a Catholic point of view.

    Instead of inserting USCCB letters into parish bulletins, excerpts from papal encyclicals that stress the importance of the principles of subsidiarity as it pertains to economic issues as one example.

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  • I Love You!!! Yes, yes, yes!!! As a religious education instructor for over eighteen years I thought I would lose my mind trying to deal with other teachers and administrators who threw all knowledge of the faith out the door, and some who had NO knowledge of the faith to throw but just made it something up as they went along and that sufficed as educating our children. One of my main pleas was to “educate the educators”. We cannot pass on the true faith when the “flock” has such little knowledge of it. This is why I feel we have such a crisis of faith today. Big shock. Anyway we all could use on going education of the truths of the faith. Then if you don’t want to be a Catholic you shouldn’t be one.

  • Here’s one easy way I have helped strengthen the Church in my state:

    Donate subscriptions to the Knights of Columbus magazine Columbia to every Catholic high school & college library and to every Catholic student center on secular campuses.

    If you’re a knight in a good council, you should organize this project and propose that the council fund the subscriptions.

    Work to get it into the public libraries in Catholic parts of town, too.

    It was fantastic to see the Columbia issue on the HHS mandate at my lukewarm local Catholic college’s periodicals section.

    I am working on taking this project nationally, more will be forthcoming.

  • I realized today: All Catholic Doctrine is Social Doctrine.

    While hearing the readings at Sunday Mass today (May 13, 2012), I realized that ALL of Catholic Doctrine is Social Doctrine! Social Doctrine is not some off-to-side sub-specialty of interest only to a few. It is all there is! Listen to some verses from today’s Mass readings:

    Reading 2 1 Jn 4:7-10:
    Beloved, let us love one another,
    because love is of God;
    everyone who loves is begotten by God and knows God.
    Whoever is without love does not know God, for God is love.
    In this way the love of God was revealed to us….

    Gospel Jn 15:9-17:
    Jesus said to his disciples:
    “As the Father loves me, so I also love you.
    Remain in my love.
    If you keep my commandments, you will remain in my love,
    just as I have kept my Father”s commandments
    and remain in his love.”
    “I have told you this so that my joy may be in you
    and your joy might be complete.
    This is my commandment: love one another as I love you.
    No one has greater love than this,
    to lay down one’s life for one’s friends.
    You are my friends if you do what I command you….
    It was not you who chose me, but I who chose you
    and appointed you to go and bear fruit that will remain,….
    This I command you: love one another.”

    So, why do I think that ALL Catholic Doctrine is Social Doctrine?

    Because all Doctrine has but one purpose: To lead and guide and help and inspire and attract us to fulfill this from Jesus: “This I command you: love one another.” (Jn. 15:17).

    Learning or holding or adhering to doctrine for its own sake is not the end or purpose of the Catholic life on earth.

    Rather, the end and purpose of life on earth is to fulfill that from Jesus: “This I command you: love one another.” (Jn. 15:17).

    Even the Catholic Doctrine about the Holy Trinity is Social Doctrine, since the Trinity is a unity of three divine Persons who love each other. Even the Catholic Doctrine about the Holy Eucharist is Social Doctrine, for reasons that are all too obvious.

    Consider this from America magazine: “As Pope Benedict made clear in his encyclical Caritas in Veritate, life issues are social justice issues and social justice issues are life issues.” See https://www.americamagazine.org/blog/entry.cfm?id=74835840-3048-741E-7052836844684028

    But I would go much further. Yes, Life Issues are Social Justice Issues. But there are nothing but Social Issues, ultimately, if you define “Social” as embracing all the relationships that pertain to Life on Earth and Eternal Life: The Holy Trinity; The Catholic Church; The Communion of Saints; The Works of Mercy; The Unity of Humankind; The “Greatest Commandment” according to Jesus, having two parts, love God with all of your mind, heart, soul and strength, and love your neighbor as yourself; loving strangers; loving enemies; loving your spouse and remain faithful to him or her for life; and so on.

    In sum, Social Doctrine is all that the Church has.

    The fact that people don’t think of things this way shows, I respectfully propose, how far we are from where God wants us to be.

Notre Dame 88

Tuesday, October 5, AD 2010

By Charles E. Rice

Fr. Norman Weslin, O.S., at the complaint of Notre Dame, was arrested in May 2009 and charged as a criminal for peacefully entering the Notre Dame campus to offer his prayer of reparation for Notre Dame’s conferral of its highest honor on President Obama, the most relentlessly pro-abortion public official in the world.  The University refuses to ask the St. Joseph County prosecutor to drop the charges against Fr. Weslin and the others arrested, still known as the ND 88 although one, Linda Schmidt, died of cancer this past March.  Judge Michael P. Scopelitis, of St. Joseph Superior Court, recently issued two important orders in this case.

The first order denied the State’s motion to consolidate the cases of multiple defendants.  That motion would have denied each separate defendant his right to a separate jury trial.  The order did permit consolidation of the trials of twice-charged defendants on the separate offenses with which that defendant was charged; a defendant charged, for example, with trespass and disorderly conduct would therefore not have to appear for two trials.  Judge Scopelitis also denied the prosecution’s attempt to force each defendant to return to South Bend for each proceeding in the case, which would have coerced the defendants to abandon their defense.  Instead, the Judge permitted the defendants to participate by telephone in pre-trial conferences.

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38 Responses to Notre Dame 88

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  • What an outstanding article!! It would be nice if Catholic Universities actually lived up to “being Catholic” or that they lived out Catholic principles which are in line with Church teaching. Even those that are Traditional or conservative Catholic colleges find it very hard in some cases to actually walk-the-walk and not just talk-the-talk when it really counts (I know this from personal experience). I guess human nature takes over or something.

    The charges should have been dropped a long time ago. Shame on Notre Dame!

  • Catholic in name only.

    “We shall go before a higher tribunal – a tribunal where a Judge of infinite goodness, as well as infinite justice, will preside, and where many of the judgments of this world will be reversed.” Thomas Meagher, statement on sentencing by a saxon court.

    Matthew 12:34: “You brood of vipers, how can you who are evil say anything good? For out of the overflow of the heart the mouth speaks.”

  • “Notre Dame appears to be governed by academic ruling class wannabes. The operative religion of the academic and political establishments, however, is political correctness. Activist opponents of ROTC and activist advocates of “gay rights” are politically correct. Activist pro-lifers, such as Fr. Weslin and the ND88, are not. For Notre Dame’s leaders to show respect for the ND88, let alone apologize to them and seek an end to their prosecution, as they ought, would be to touch a third rail of academic respectability. It would not play well in the ruling academic circles. What would they think of us at Harvard, Yale, etc?”

    Bingo! The powers that be at Notre Dame are defending their faith against the heretics of the Notre Dame 88, and that faith has nothing to do with Catholicism. It is a disgrace that every bishop in this country has not condemned this.

  • Maybe ND simply wanted to protect its students and faculty. The mob had already shown its penchance for breaking the law — no one was capable of knowing whether the mob would become violent — it is not unheard of.

    ND’s “inconsistent” treatment is also not shocking. Given the history of trespassing and the fact that past light treatment did not stop it, ND may be sending a stronger message to protect the safety and security of its community.

    Mr. Rice should also know, as a lawyer, that Fr. Weslin’s health or his past deeds are irrelevant as to whether he broke the law. Surely, they are great rhetorical flourishes, but they are just that, a trick used to distract you from the fact that a law was willfully and knowingly ignored.

    Finally, Mr. Rice also should know, as a lawyer, that clients discourage employees from being deposed for all sorts of reasons — not necessarily related to whether they are “hiding” something. This is libelous.

  • This is libelous.

    An easy stone to throw for someone hiding behind the veil of anonymity.

  • “The mob had already shown its penchance for breaking the law — no one was capable of knowing whether the mob would become violent — it is not unheard of.”

    Yeah, you can never know when an 80 year old priest peacefully praying will turn violent.

    http://the-american-catholic.com/2010/03/08/father-norman-weslin-champion-of-the-unborn/

  • I was there, on campus for the mass and rosary. My daughter is one of the ND88. I walked out and joined the protesters for much of the day. The activities were all available on youtube. Only a deeply dishonest person could conceive of a “mob” anywhere near Notre Dame that day. Peace.

  • What about the 87 other people? Did ND and the police know the intentions of each of them? Frankly, I think it’s despicable that you use Fr. Weslin as your shield. Also, I missed the memo where we excuse the aged and people who have done otherwise good things in their lives for breaking the law. These people made conscious decisions to trespass. They could have stayed outside the university and gotten their point across. Rather, they wanted to make a spectable and get on TV, which they succeeded in doing. They now need to be adults and accept responsibility for their transgressions.

    Also, just because a person is 80, just because someone is a preist, just because someone is praying, doesn’t mean they can’t be violent. People pray to their god all the time before committing acts of violence — that cannot be denied. People who are 80 commit acts of violence, and we certainly have learned that priests are not above committing acts of violence. I would also point out that Fr. Weslin was just one person — there were many more.

    To an objective observer, and clearly you are not, these people trespassed. They were arrested. End of story. Any excuse you want to make is a consequence of your relgious and political views–which, of course, is your right and fine. Just don’t pretend it’s anything other than that.

    That day was supposed to be about the graduates celebrating their accomplishment. These clowns made it about their cause, which is a shame.

  • ” Only a deeply dishonest person could conceive of a “mob” anywhere near Notre Dame that day. Peace.”

    As our anonymous commenter is amply demonstrating. The Notre Dame 88 are being persecuted because they are a standing rebuke to the Notre Dame administration honoring the most pro-abortion president in our history. All the obfuscation in the world cannot disguise that very simple fact. My congratulations Larry on the fine job you obviously did in raising your daughter.

  • Anonymous, how long have you been a member of the Notre Dame administration?

  • In case Mr. McClarey does not have acces to a dictionary, please see the definition of “mob” and “dishonest.”

    Definition of MOB
    1: a large or disorderly crowd; especially : one bent on riotous or destructive action
    2: the lower classes of a community : masses, rabble
    3chiefly Australian : a flock, drove, or herd of animals
    4: a criminal set : gang; especially often capitalized
    5: a group of people : crowd

    Definition of DISHONEST
    Characterized by lack of truth, honesty, or trustworthiness : unfair, deceptive

    Here is an entry on ad hominem attacks — often resorted to by those who cannot win an argument on the mertis: http://en.wikipedia.org/wiki/Ad_hominem

    Let me get this straight, a group of 88 religious zealots trespass onto private property on which the President of the United States is speaking and you are surprised/indignant they were arrested? Seriously?

    If you can, deep in your heart say that you would be defending, with the same zealousness, people who were protesting the “right to choose” or Islamic protestors, then, maybe I would believe you.

    It is sad that people turned a day of celebration for the graduates into a political side show. They should be ashamed of themselves.

  • a group of 88 religious zealots

    Thank God Notre Dame is doing its damnedest stamp out religious zeal.

    Then again, it’s been doing that since the Land O’ Lakes Statement, so I guess it’s consistent.

    Oh, and nice job of hiding behind “the graduates,” anonymous ND admin guy.

    It’s this sort of mindset that reminds me why I’m recommending that my children go to an avowedly secular college as opposed to a Land O’ Lakes one. Sure, they’ll hate your faith at a state university, but at least they won’t wear a cloak of Catholic sanctimony while doing it.

    Better to be stabbed in the chest than the back.

  • Let me get this straight, a group of 88 religious zealots trespass onto private property on which the President of the United States is speaking and you are surprised/indignant they were arrested? Seriously?

    There are over 11,000 students at Notre Dame. Add the faculty and the staff and you have 15,000 people on the campus as a matter of course. Then you add in any visitors that day. The ’88 religious zealots’ will increase the size of the campus population by 0.6%. The rathskellar at the campus I know best will have that many people present around noontime, and that particular institution is one-quarter the size of Notre Dame.

    You might also note that his primary complaint is not that they were arrested, but that the institution has persisted in pressing charges when they had not done so in previous circumstances, and lied publicly about their resons for so doing.

  • Just for the kind of clarity and exactness which is typical of Catholic thought, it is not Notre Dame which is prosecuting the ND88. It is Fr. Jenkins – personally. The buck stops at his desk. He hides behind the institution. Let us make an analogy – he is hiding behind the skirts of Our Lady.

  • I looked up your ip address anonymous, and I really hope that you are not an attorney at the law firm you are e-mailing from, because you are not very good at arguing in comboxes and I truly would hate to be paying you to do so in court. The firm that you are e-mailing from seems to have quite a few contacts with Notre Dame. I wonder if you are doing this on your own time, or if someone at Notre Dame is actually foolish enough to pay you to mount this type of sophistical defense of the indefensible?

  • It’s a pretty large firm – I interviewed with them a while back and have friends that work there. In the DC office alone, there are fourteen Domers. It’s unlikely that the commenter above is billing time for arguing on blogs, but the tone of the comment and the handy dictionary references suggest a feisty 1-3 year associate.

  • “but the tone of the comment and the handy dictionary references suggest a feisty 1-3 year associate.”

    Quite true. I hope for anonymous that he wasn’t doing this on a firm computer equipped with tracking software. If I were a partner there I would take a dim view of associates wasting time on blogs during office hours. Ah, the advantages of being a self-employed attorney!

  • If I were a partner there I would take a dim view of associates wasting time on blogs during office hours.

    um…yeah…I agree…no junior associate should ever waste time on blogs during office hours…right on. Who are these people? 😉

    In their defense, I will say that many partner’s definition of ‘office hours’ is roughly “any time during which the associate is alive and not undergoing major surgery.” Another benefit of being self-employed, I suppose.

  • “In their defense, I will say that many partner’s definition of ‘office hours’ is roughly “any time during which the associate is alive and not undergoing major surgery.””

    That is precisely one of the main reasons I became self-employed John Henry. I wanted to have a family life and not work on weekends, and too many firms seemed to think that associates lived only to practice law, and to be the handy target of the ire of dyspeptic partners.

  • “Just for the kind of clarity and exactness which is typical of Catholic thought, it is not Notre Dame which is prosecuting the ND88. It is Fr. Jenkins – personally. The buck stops at his desk.”

    bingo. Fr. Jenkins is doing all he can do to stay in the good graces of his liberal friends. chump.

  • I believe Professor Rice’s general thesis is unquestionably correct: Notre Dame craves the approval of the Princes of this World.

    But from the belly of the beast, a few qualifications may be appropriate.

    I have been told, at any rate, that because the charge is criminal trespass, Notre Dame, despite what everyone says, cannot ask the county prosecutor to dismiss the case. The prosecutor could ask that the case be dismissed, but he would have to justify the request to a judge.

    As Professor Rice documents, previous instances of this sort had been handled quietly by the university itself.This time the South Bend and St. Joseph county police were brought in, and I suspect that everyone in the administration now sees this was a blunder. Part of the reason for deposing Mr. Kirk may be to determine just how this decision came to be made.

    Notre Dame has offered “generous”terms to the defendants. Plead guilty, accept some kind of nominal or suspended punishment, and put the whole thing behind us. The university is in the position of the poor Roman magistrate judging the typical virgin and martyr: Cut me some slack–just genuflect to that damned idol over there and we can all go home. Such blandishments were generally rejected; and I suspect the current ones will be as well.

  • I have been told, at any rate, that because the charge is criminal trespass

    No kidding. If I am not mistaken, under New York law, an act of trespass does not qualify as criminal trespass unless (at a minimum) there is a fence or wall around the property which excludes intruders.

  • “I have been told, at any rate, that because the charge is criminal trespass, Notre Dame, despite what everyone says, cannot ask the county prosecutor to dismiss the case. The prosecutor could ask that the case be dismissed, but he would have to justify the request to a judge.”

    You have been misinformed. Prosecutors nolle prosse countless cases across the nation each day. The consent of the court is pro forma since the court lacks the power to compel the State to prosecute anyone, which is wholly in the discretion of the prosecutor.

    “Notre Dame has offered “generous”terms to the defendants.”

    Of course this demonstrates that Notre Dame is the driving force behind the prosecution. The terms that the Notre Dame 88 should accept from Notre Dame are the dismissal of all charges, payment of their legal fees, a written apology from Notre Dame, and a promise from Notre Dame that they will no longer honor pro-abort politicians.

    This of course is in the spirit of Theoden’s reaction to Saruman’s request for “peace”.

    “We will have peace. Yes, we will have peace, we will have peace when you and all your works have perished — and the works of your dark master to whom you would deliver us. You are a liar, Saruman, and a corrupter of men’s hearts. You hold out your hand to me, and I perceive only a finger of the claw of Mordor. Cruel and cold! Even if your war on me was just as it was not, for were you ten times as wise you would have no right to rule me and mine for your own profit as you desired — even so, what will you say of your torches in Westfold and the children that lie dead there? And they hewed Hama’s body before the gates of the Hornburg, after he was dead. When you hang from a gibbet at your window for the sport of your own crows, I will have peace with you and Orthanc. So much for the House of Eorl. A lesser son of great sires am I, but I do not need to lick your fingers. Turn elsewhither. But I fear your voice has lost its charm.”

  • Not to sound like I’m defending Anonymous here, but…. if the ND88 were KNOWINGLY risking arrest, by crossing a line they had been warned not to cross, and if they were clearly told by university authorities that they WOULD be arrested if they persisted in their actions, then they should accept the consequences, plead guilty and serve whatever sentences they get. That’s what other practitioners of this kind of civil disobedience do (or should do, in my opinion). They don’t argue that they are innocent and being persecuted, they acknowledge that they broke the law to call attention to their cause AND they’d gladly do it again. If that means they go to jail, that goes with the territory, doesn’t it?

    That being said, it would be fitting if Fr. Jenkins or other authorities at Notre Dame asked for the charges to be dropped as a gesture of mercy and solidarity with the cause they were espousing.

    All this, of course, presumes that the ND88 knowingly engaged in illegal actions and were clearly warned that they were risking arrest. If it was a case of a LEGAL protest gathering getting out of hand, or of the participants crossing some invisible “line” they hadn’t been told was there, that would be another story completely.

  • Also, the fact that Notre Dame allegedly let other protesters off more easily doesn’t change the nature of the illegal actions committed by the ND88. While it does show that Notre Dame isn’t being consistent in enforcing its supposed rules regarding protests — and that is a significant issue — still, you can’t argue your way out of any other punishment by saying “But someone else got away with it!”

  • “Not to sound like I’m defending Anonymous here, but…. if the ND88 were KNOWINGLY risking arrest, by crossing a line they had been warned not to cross, and if they were clearly told by university authorities that they WOULD be arrested if they persisted in their actions, then they should accept the consequences, plead guilty and serve whatever sentences they get.”

    Only if Notre Dame wishes to be in the same moral category of the segregationists who legally prosecuted people who sat in at restaurants. When one is being punished unjustly, I see no merit in accepting punishment meekly. Make them prove it at trial. Turn the case against the prosecution by making a big stink about it in every forum possible. Make sure that the injustice of the prosecution becomes a cause celebre. Jenkins and his cohorts would love nothing better than the Notre Dame 88 to meekly admit their guilt and for them to accept their punishment like good boys and girls. I am glad that this satisfaction has been denied them by the intestinal fortitude of the Notre Dame 88.

  • “still, you can’t argue your way out of any other punishment by saying “But someone else got away with it!””

    Actually Elaine I have done just that in some of my cases by proving selective prosecution and having judges determine that prosecutors have abused their discretion. It isn’t easy to do, but given fact situations egregious enough, it is possible.

  • “his (Rice’s) primary complaint is not that they were arrested, but that the institution has persisted in pressing charges when they had not done so in previous circumstances, and lied publicly about their reasons for so doing.”

    I understand this and it’s an appropriate question to raise. And, I suppose that by pleading not guilty and fighting the charges every step of the way, the ND88 could bring those two injustices to light. But, at the end of the day, it seems to me that “don’t do the ‘crime’ if you can’t do the time” applies to civil disobedience actions as well.

    Also, for reasons I have explained before, I don’t think civil disobedience that involves deliberately trying to get arrested for trespassing as an attention-getting device is quite in the same category as lunch counter sit-ins. Sit-ins involved people breaking a law that was inherently unjust — a law designed specifically to prevent people of a certain skin color from doing something they had a natural right to do — to show the world just how unjust and ridiculous the law was. Going out of one’s way to break an otherwise JUST law that has nothing directly to do with the injustice being protested (abortion) is different.

  • What is remarkable to me, and what I really just don’t grasp, is *what possible motive* ND could have in continuing with these charges. Fr. Jenkins, for all his limitations, is certainly no dummy, and he, as well as the other members of the senior administration (to say nothing of the Board of Trustees) must realize that ND qua university will not gain anything from this process. It’s not as though Princeton or Duke will suddenly kowtow to the Dome because a few pro-life activists were arrested there. This view can’t seriously be entertained. It’s also only attracting *more* negative press to ND, and further alienating fence-leaning Catholics who were not happy about Obama but were neither entirely supportive of much of the shenanigans and selective (and sometimes politically motivated) outrage expressed at his visit. These Catholics, seeing now ND’s apparent inconsistency of procedure, will now take more darkly a view of the administration than they ever did before. So I don’t see that ND has anything to gain here, while they have much to lose. If I did not already have experience with administrators’ capacities for practical reasoning, these two considerations would make me think that ND *can’t* remove the charges at this point (something Donald denies). The whole situation is just weird.

  • The whole situation is just weird.

    If you posit that Notre Dame’s administration despises the demonstrators and wants their ilk to stay away forever, the effort to humiliate and injure them seems less weird.

  • I suppose I find it self-evident that that strategy is counterproductive *given* the interests of ND, whatever they think of the demonstrators. (Whatever one thinks of the ND88, and I am generally supportive of them, turning them into martyrs for the pro-life cause will hardly have the effect you suggest.) And I suppose that I think the administrators themselves should realize this. But again, never overestimate administrators’ capacities for practical reasoning.

  • Just to be clear: I yield to no one in contempt for how Notre Dame has handled the case; and my opinion of the real motives of the university administration is culpably uncharitable. Nonetheless. . .

    In Indiana, criminal trespass includes entering private property without permission and refusing to leave when requested to do so by the owner or an authorized agent of the owner. If I come to your front door and, say, hector you about joining the Jehovah’s Witnesses; and you ask me to go away; and I refuse: then you can call the cops. I don’t have to climb over a wall or anything like that.

    What possible motive can Notre Dame have for continuing these charges? Notre Dame has only itself to blame for the pickle that it is in, but it may have less freedom of action (pace Mr. McCleary) than people assume (if also more freedom of action than implied in my previous post). The risk of nolle prosse, I think, is that the the judge might react by dismissing the case (rather than just letting things hang). If the case is dismissed or the defendants acquitted, the university (and perhaps the South Bend police) might find themselves in line for a false arrest suit. How plausible this is I don’t know, but it’s what I gather third or fourth hand from lawyers familiar with the case.

    On a more principled level, the university has a legitimate interest in keeping its status as private property. Again, as I understand it, one line of defense by the 88 is that the university campus is in fact open pretty much to anyone, that it amounts to public space where they may legitimately exercise their first amendment rights (and, after all, the university took no action against those demonstrating in favor of the award to Obama). But the university does not in fact let the general public come and go as it pleases. At every home football game the area around the campus is filled with ticket scalpers, but scalpers are not allowed on campus. If the 88 win their point, would the university have welcome in the scalpers?

    (I also wonder if there isn’t some relevance to the Westboro Baptist case. One’s sympathies would be on opposite sides, but there may be a family resemblance in terms or principle. The families of fallen soldiers may have a legitimate complaint against those who obnoxiously interfere with the funerals; and Notre Dame may have a legitimate complaint against intrusion from those who the administration finds, however perversely, obnoxious to itself or its undertakings.)

    I hope the 88 get off, and, while normally I’m not wild about punishment of any kind, I hope the consequences to the university are sufficiently severe to cause some in the administration to rethink the actual values they live by. But in the abstract the university’s case is not entirely without merit.

    I’m also partly sympathetic to what I take to be Elaine Krewer’s point: If I actively court martyrdom and martyrdom is consequently offered to me, I should probably accept it gratefully, not whine about it. But it’s not clear that the 88 were actively courting martyrdom. It seems that many of them really did not think that the university would react in the clumsy, small-minded, militantly graceless way that it did.

  • “The risk of nolle prosse, I think, is that the the judge might react by dismissing the case (rather than just letting things hang).”

    You are confusing apples and oranges. Nolle Prosse is not a dismissal with prejudice. The Defendants could bring a motion to dismiss with prejudice at any time, as could the prosecutors, but nolle prosse is not the same thing. A nolle prosse simply means that the prosecutor is not proceeding with the prosecution. No double jeopardy attaches and the defendants can be recharged at any time. As for a civil suit from the ND88, that could be brought at any time and has little refence to what happens in the criminal case. A perfect example is how OJ Simpson could be found not guilty of the murders and still lose the civil suit over the murders.

  • If I come to your front door and, say, hector you about joining the Jehovah’s Witnesses; and you ask me to go away; and I refuse: then you can call the cops. I don’t have to climb over a wall or anything like that.

    In New York, there is a ‘Trespass’, which is in a submisdemeanor category called a ‘violation’, and ‘Criminal Trespass’. There are three degrees of criminal trespass. For the most part, you have to be inside a building to be charged with ‘criminal trespass’, but you can be charged with the 3d degree criminal trespass if you enter grounds enclosed in some way.

    If I am not mistaken, the crime you describe is, under New York law, [non-criminal] ‘Trespass’. The maximal sentance for trespass is 15 days in the county jail and a three-figure fine. As a rule, the judiciary is quite lax when they are given the discretion, as they are in non-felony cases hereabouts. Then again, a large fraction of the municipal court case load Upstate is heard by lay J.P.’s. A buddy of mine in the state Attorney-General’s office tells me that lay judges are often quite good, but when they are bad they are horrid.

  • This may be getting to be too much inside baseball, and I’m not a very good player.

    Nolle prosse: The risk is that the judge’s reaction would be to dismiss with prejudice, which does happen sometimes. I hadn’t thought about a civil suit–but that’s unlikely on its face; and, anyway, Notre Dame didn’t suffer any damages.

    The Indiana law on criminal trespass is more stringent than what is typical of other states.

  • In regard to a civil suit I was referring to a hypothetical suit by ND88 against Notre Dame.

    I can’t imagine a judge dismissing a criminal case with prejudice based upon a nolle prosse motion by the State, absent a motion filed by either the State or the Defendants to dismiss with prejudice. In a nolle prosse motion the current prosecution and case simply ends because the prosecutor does not wish to proceed. A motion to dismiss with prejudice by the Defendants would have to establish that a successful prosecution was impossible due to some legal defect in the prosecution or that under any possible facts shown at trial no conviction would be possible. That is a very high standard to meet, and I do not see any way in this case that a judge could so find under the existing law and facts of the case.

  • This whole incident caused me to rule out ever applying to Notre Dame, which I seriously considered at one point. While attending a law school fair in New York, I approached the Notre Dame booth and asked the representative, in as neutral a tone as possible, if there was any emphasis on the Catholic nature of the school reflected on its campus, not mentioning that I myself was Catholic. She downplayed the notion, saying something to the effect of “no, it’s not a big deal.”

    “Maybe ND simply wanted to protect its students and faculty. The mob had already shown its penchance for breaking the law — no one was capable of knowing whether the mob would become violent — it is not unheard of. “

    No, indeed not. Recall the brave and truly Catholic students who stood up to and battled the ku klux klan in South Bend in 1924.

    How tragic that Notre Dame now wields nothing but moral cowardice in utilizing secular police power to promote abortion, the political lineage of which is directly traceable back to psychotic white supremacists and eugenicists.