“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”
— Deacon David Jones
From Down Under, the Exoneration of George Cardinal Pell
Seven judges of the Australia Supreme Court unanimously ruled that Cardinal George Pell was wrongly convicted and imprisoned. He and we deserve to know how and why.
Seven judges of the Australia Supreme Court unanimously ruled that Cardinal George Pell was wrongly convicted and imprisoned. He and we deserve to know how and why.
Strange things had been happening in the weeks leading up to Holy Week 2020. For the first time in our lifetimes, Catholic churches were inaccessible to most Catholics observing Holy Week and Easter as a community of believers.
Then, in the midst of all the church closures due to the Covid-19 global pandemic, Cyrus Habib, the Democratic Lieutenant Governor of Washington State, announced that he is leaving politics to study for the Catholic priesthood. This was not the sort of hopeful news the news media likes to hype in Holy Week so it was barely noticed. Then the Supreme Court of Australia announced that, on Tuesday of Holy Week, it would release its decision on the final hope for appeal in the case of Cardinal George Pell.
I did not greet this news with a sense of hope. Far back in April of 2010, I wrote a post with the controversial title, “Breaking News: I Got Stoned with the Pope.” It was about how some consistently anti-Catholic news outlets have a tradition of exploiting Catholic scandal during or just prior to Holy Week.
The pope in question back then was Benedict XVI. For full disclosure, neither he nor I inhaled anything illicit. That was not what I meant by getting stoned with the pope. It was meant in the Biblical sense, the same sense found in one of the most popular posts on These Stone Walls, “Casting the First Stone: What Jesus Wrote in the Sand.”
The type of stoning that brutally took a person’s life in Biblical times is carried out today in another way. Instead of taking a life, a person’s reputation is destroyed. False witness and sensational headlines are now the stones of choice. We have all seen the “gotcha” media at work. You cannot sit through a White House press conference without witnessing firsthand how some in the news media insinuate, inflame, and then exploit the interpretations that too often today pass for real journalism.
A vivid example came during the 2016 Presidential election cycle. A group of 200 noisy white supremacists demonstrated in Virginia using slogans such as “Make America Great Again.” For much of the far left mainstream news media, this was evidence enough to link them with Donald Trump implying falsely that he must support racism because some racists support him.
The real scandal is the news media itself. By giving these marginal racists a spotlight, the news media took their tiny microphone and turned it into a national megaphone. The news media does not even try to justify its viral coverage of 200 white supremacists while turning a blind eye to 200,000 prolife advocates at the annual March for Life in Washington DC.
I admit that I was cynical and suspicious when I learned that the High Court of Australia chose Tuesday of Holy Week to announce its long awaited final verdict on Cardinal Pell. As soon as the decision was announced, victim groups and some in the media went into high gear to denounce the finding and declare that it is not an exoneration or acquittal.
This is nonsense. The unanimous finding that Cardinal Pell’s charges were fatally flawed, his trial unjust, his convictions unsupported by evidence, are in fact an exoneration. He stands convicted of no crime. It exposed for all the world to see the harsh reality that — as for so many other priests facing the cruel tyranny of false witness in the current age — Cardinal Pell was considered guilty merely for being accused.
The Integrity of Justice Itself Is at Stake
Four hundred and five days! That is how long 78-year-old George Cardinal Pell spent in prison before Australian justice woke up. On the day of his exoneration, I marked 9,350 days of wrongful imprisonment. I do not write that as a comparison, but rather as an expression of deepest empathy for what Cardinal Pell endured.
Throughout his ordeal, I believed in his innocence; I supported him with my prayers, and I offered some of my own unjust imprisonment in spiritual alliance with him. I hope this was evident in my series of widely-read posts about his plight that I will link at the end of this one. When I say that those end posts were widely read, the truth is that they were widely read everywhere but in Australia.
The first of these posts was “Cardinal George Pell Is on Trial, and So Is Australia.” Its focus was on the fact that the whole world was watching these charges as they proceeded to trial with no real evidence and much media exploitation. In the end, it is Australia’s justice system that now seems indicted and facing trial in the court of public opinion.
I hope this exoneration brings some much-needed soul searching to the people of Australia, the Australian courts, and the police and prosecutors who ignored much exculpatory evidence to bring these charges. However, evidence for that soul-searching was not reflected in the public statement of Daniel Andrews, Premier of Victoria State where Cardinal Pell was convicted.
After the unanimous Supreme Court exoneration, the public statement of the Victoria State Premier addressed none of what the Court covered or decided. He instead addressed himself to what the media calls victims and survivors but what the legal system must treat as accusers. His statement to them was: “I see you. I hear you. I believe you.”
On its face, that seems benign, but it isn’t. It is perhaps the most dangerous affront to justice in a case like this. It is grotesquely irresponsible to reduce the application of justice to a set of hashtags instead of evidence. Why have courts and trials at all if the personal beliefs of police, prosecutors and state officials are all that is needed to convict and condemn?
In the United States, the Center for Prosecutor Integrity has joined over 100 legal scholars in a petition to the department of Justice to cease its support for #BelieveSurvivors and guilt-presuming investigations. It is one of the most prolific causes of wrongful convictions and other injustices. When police and prosecutors — and the governments on whose behalf they operate — launch “Victim-Centered Investigations” they begin with a faulty assumption that crimes did occur and that the accused is guilty.
The Prosecutor Integrity website lists hundreds of scholarly articles by legal experts about how innocent defendants like Cardinal Pell are victimized by investigators wearing blinders. Police and prosecutor misconduct were central factors in 42-percent of wrongful convictions. One article at the Wrongful Convictions site is “The Intersection Between Innocence, Expert Witness and Religion: The Case of Rev. Gordon MacRae.”
Victim-Centered instead of fact-centered investigations result in a failure of the justice system to look honestly at itself. The Australian police and prosecutors — and the two judges who upheld a guilty verdict against Cardinal Pell in his first appeal — have some explaining to do.
I know only too well what the trashing of Cardinal Pell’s good name has cost him, but the other damage is to the integrity of the criminal justice system. I also know well the treachery of those — both inside and outside the Church — who disregard a lack of evidence or substantiation, mindlessly poised to believe any lurid tale regarding any priest so accused.
On social media after this exoneration, some in Australia suggested that, innocent or not, Cardinal Pell should have remained in prison in reparation for the sins of other priests. This is nothing more than evidence of the moral panic this story set in motion. It is easy to offer up someone else’s good name and freedom for a politically correct cause.
Minds should not be made up because the media celebrates the fall of Catholic priests and prelates. Minds should be made up by clear and compelling evidence, and there was none. Anything less is to surrender our own personal integrity to the news media and to reduce justice to a lynch mob.
Priestly Scandal: A Pandemic of Trophy Justice
Accusations against a high profile cardinal and member of the curia too easily result in “Trophy Justice,” a term that also has grave implications for the integrity of the justice system. Cardinal Pell spent 405 days in prison because those empowered to impart justice were too reluctant to give up their trophy.
Since his exoneration there has been no shortage of biased treatment in the news. The much needed voice of Bill Donohue at the Catholic League for Religious and Civil Rights has been, as usual, on the front lines exposing this. Annual membership in the Catholic League is the best $30 investment I have ever made.
Ironically, in the wake of this exoneration, editorials in The New York Times and The Boston Globe have criticized a lack of transparency in the Australian justice system. Bill Donohue rightly pointed out that neither newspaper ever questioned its transparency when Cardinal Pell was found guilty without evidence, or when he was sentenced to prison, or when a lower court disregarded the shoddy work of prosecutors to uphold an unjust verdict. That was all perfectly transparent.
And it was all front page news. The exoneration did not at all receive anything even close to equal treatment. I am thankful to Bill Donohue for informing us that The Boston Globe reported Cardinal Pell’s exoneration on page 19. Why any thinking, reasonable Catholic is still reading The New York Times or The Boston Globe is a mystery. There are alternatives. In ten years of writing behind These Stone Walls, I have never seen anti-Catholic bias and media distortion in The Wall Street Journal.
I am ashamed to add to the above that some Catholic media have fared little better. After Cardinal Pell’s first appeal to a lower court failed in a two-to-one decision, Our Sunday Visitor reported in its news section that his conviction was upheld by a three-judge panel. In a letter of protest to the editors, I pointed out that this was inaccurate and misleading.
Judge Weinberg the most experienced judge on that Australian three-judge panel, published a blistering dissent against the conclusions of the other two, but Our Sunday Visitor did not publish my letter clarifying this. After Cardinal Pell spent another six months unjustly in prison, the seven judges of Australia’s Supreme Court agreed with Judge Weinberg’s dissent.
Why should we support obviously biased or agenda-driven news outlets? When we know the truth behind a mishandled story, logic requires that we ask how many other stories are misrepresented in the news without our awareness. The Catholic League has never retreated from reporting on the crisis in the Church without sacrificing the rights of priests. In the March 2020 issue of Catalyst, just weeks before the exoneration of Cardinal Pell, Catholic League President Bill Donohue wrote of both our cases:
“Cardinal George Pell, who is in an Australian prison for alleged sexual abuse (awaiting a final appeal) was accused as far back as 1962. The case was dismissed because nothing could be substantiated. His accuser had been convicted 39 times for offenses ranging from assault to drug use. He was a violent drug addict…. There is another priest, Father Gordon MacRae, who is still in prison in New Hampshire for crimes he vehemently denies, and whose accuser, Thomas Grover, has a history of theft, drugs, and violence. Even his former wife and stepson call him a compulsive liar and manipulator.”
— Catalyst, Accused Priests Deserve Better
Pope John Paul II once cautioned that the Church must be a mirror of justice to the world. The mirror of justice has since cracked, however, when the American bishops adopted merely “credible” as sufficient evidence to discredit and discard a priest, and then pressed Rome to apply that standard throughout the Church. The result is the treatment that we have just witnessed in the case of Cardinal Pell.
Too many in the media — sadly including some in the Catholic media — simply presumed his guilt just as they presume the guilt of most priests so accused. But there were other, even darker agendas at work in the case of Cardinal Pell, and real transparency will require getting to the bottom of them.
Some in Rome, convinced of his innocence, remained silent while others may have been complicit with getting Cardinal Pell and his financial reforms out of the way. It has been suggested recently by Paul Kelly, an Australian political commentator for The Australian, that “State power had been recruited in an effort to destroy Pell.”
Cardinal Pell was a scapegoat who was targeted by enemies of the Church — enemies perhaps both foreign and domestic. Pope Francis had been careful to withhold any public statement until the Cardinal Pell case had exhausted all appeals. On Tuesday of Holy Week, just hours after Cardinal Pell’s release from prison, Pope Francis released this remarkable statement via Twitter:
“In these days of Lent, we have been witnessing the persecution that Jesus underwent and how He was judged ferociously, even though He was innocent. Let us pray together today for all those persons who suffer due to an unjust sentence because someone had it in for them.”
Someone had it in for Cardinal Pell. He and we deserve to know who and why. And as for Pope Francis, his summation sure sounds like an exoneration to me.
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Note from Father Gordon MacRae: Please pray for Cardinal Pell, for his restoration from this years-long ordeal, and for a just and honest reckoning about the process that brought it about. You may also wish to read this related post:
Satan at The Last Supper: Hours of Darkness and Light
The central figures present before the Sacrament for the Life of the World are Jesus on the eve of Sacrifice and Satan on the eve of battle to restore the darkness.
The central figures present before the Sacrament for the Life of the World are Jesus on the eve of Sacrifice and Satan on the eve of battle to restore the darkness.
As I begin this eleventh Holy Week post behind These Stone Walls all the world is thrust under a shroud of darkness. A highly contagious and pernicious coronavirus threatens an entire generation of the most vulnerable among us on a global scale. Many Catholics face Holy Week without the visible support and consolation of a faith community. Many of our older loved ones face it entirely alone, separated from social networks and in dread of an unknown future darkness.
A week or so before writing this, I became aware of a social media exchange between two well-meaning Catholics. One had posted a suggestion that a formula for “exorcized holy water” would repel this new viral threat. The other cautioned how very dangerous such advice could be for those who would substitute it for clear and reasoned clinical steps to protect ourselves and others. I take a middle view. All the medical advice for social distancing and prevention must be followed, but spiritual protection should not be overlooked. Satan may not be the cause of all this, but he is certainly capable of manipulating it for our hopelessness and spiritual demise.
This “down time” might be a good time to reassess where we are spiritually. A sort of “new age” culture has infiltrated our Church in the misinterpretations of the Second Vatican Council since the 1960s. There is a secularizing trend to reduce Jesus to the nice things He said in the Beatitudes and beyond to the exclusion of who He was and is, and what Jesus has done to overcome the darkest of our dark. In a recent post, I asked a somewhat overused question with its answer in the same title: “What Would Jesus Do? He Would Raise Up Lazarus — and Us.” Without that answer, faith is reduced to just a series of quotes.
By design or not I do not know, but the current darkness drew me in this holiest of weeks to a scene in the Gospel that is easy to miss. There are subtle differences in the Passion Narratives of the Gospels which actually lend credence to the accounts. They reflect the testimony of eye witnesses rather than scripts. One of these subtle variations involves the mysterious presence of Satan in the story of Holy Week.
This actually begins early in the Gospel of Luke (Ch. 4) in an account I wrote about in “To Azazel: The Fate of a Church That Wanders in the Desert.” Placed in Luke’s Gospel after the Baptism of Jesus and God’s revelation that Jesus is God’s “Beloved Son,” Jesus is led by the Spirit into the desert wilderness for forty days. He is subjected there to a series of temptations by the devil. In the end, unable to turn Jesus from his path to light, “the devil departed from him until an opportune time.” (Luke 4:13)
That opportune time comes later in Luke’s Gospel, in Chapter 22. There, just as preparations for the Passover are underway, the conspiracy to kill Jesus arises among the chief priests and scribes. They must do this in the dead of night for Jesus is surrounded by crowds in the light of day. They need someone who will reveal where Jesus goes to rest at night and how they can identify him in the darkness.
Remember, there is no artificial light. The dark of night in First Century Palestine is a blackness like no one today has ever seen. This will require someone who has been slyly and subtly groomed by Satan, someone lured by a lust for money. This is the opportune time awaited by the devil in the desert:
“Then Satan entered into Judas called Iscariot, who was of the number of the Twelve. He went away and conferred with the chief priests and the captains how he might betray him to them. And they were glad, and engaged to give him money. So he agreed and sought an opportunity to betray him to them in the absence of the multitude.”
The Hour of Darkness
In Catholic tradition, the Passion Narrative from the Gospel of John is proclaimed on Good Friday. In that account, there is a striking difference in the chronology. Satan enters Judas, not in the preparations for Passover, but later the same day, shockingly at the Table of the Lord at the Last Supper on the eve of Passover:
“So when he dipped the morsel, Jesus gave it to Judas, the son of Simon Iscariot. Then, after the morsel, Satan entered into him. Jesus said to him, ‘What you are going to do, do quickly.’… So after receiving the morsel, he immediately went out, and it was night.”
Who could not be struck by those last few words, “and it was night”? They describe not only the time of day, but also the spiritual condition into which Judas has fallen. Judas and Satan are characters in this account from the Temptation of Jesus in the desert to the betrayal of Jesus in the hour of darkness. But darkness itself is also a character in this story. The word “darkness” appears 286 times in Sacred Scripture and “night” appears 365 times (which, ironically, is the exact number of nights in a year).
For their spiritual meaning, darkness and night are often used interchangeably. In St. John’s account of the betrayal by Judas, the fact that he “went out, and it was night” is highly symbolic. In the Hebrew Scriptures, our Old Testament, darkness was the element of chaos. The primeval abyss in the Genesis Creation story lay under chaos. God’s first act of creation was to dispel the darkness with the intrusion of light. “God separated the light from the darkness” (Genesis 1:4) which, in the view of Saint Augustine, was the moment Satan fell. In the Book of Job, God stores darkness in a chamber away from the path to light. God uses this imagery to challenge Job to know his place in spiritual relation to God:
“Have you, Job, commanded the dawn since your days began, and caused it to take hold of the skirts of the Earth for the wicked to be shaken out of it? … Do you know the way to the dwelling of light? Do you know the place of darkness?”
In the Book of Exodus, darkness is one of the plagues imposed upon Egypt. For the Prophet Amos (8:9) the supreme disaster is darkness at noon. In Isaiah (9:1) darkness implies defeat, captivity, oppression. It is the element of evil in which the wicked does its work (Ezekiel 8:12). It is the element of death, the grave, and the underworld (Job 10:21). In the Dead Sea Scrolls is a document called, “The Sons of Light and the Sons of Darkness.” In the great Messianic Proclamation of Isaiah (9:2): “The People who walked in darkness have seen a great light.”
In the New Testament, the metaphors of light and darkness deepen. In the Gospel of Matthew (8:12, 22:13) sinners shall be cast into the darkness. In the Gospel of Mark (13:24) is the catastrophic darkness of the eschatological judgment. The Gospel of John is filled with metaphors of darkness and light. Earlier in the Gospel of John, Jesus confronts those who plot against him as under the influence of darkness and Satan:
“If God were your Father, you would love me, for I proceeded and came forth from God. I came not of my own accord, but He sent me. Why do you not understand what I say? It is because you cannot bear to hear my word. You are of your father, the devil, and your will is to do your father’s desires. He was a murderer from the beginning, and has nothing to do with the truth because there is no truth in him. When he lies, he speaks according to his own nature, for he is a liar and the father of lies.”
I once wrote about the person of Judas and the great mystery of his betrayal, his life, and his end in “Judas Iscariot: Who Prays for the Soul of the Betrayer?” At the Passover meal and the Table of the Lord, he dipped his morsel only to exit into the darkness. In the original story of the Passover in Exodus (13:15-18) God required the lives of the firstborn sons of Pharoah and all Egypt to deliver His people from bondage. Now, in the Hour of Darkness set in motion by Satan and Judas, God will exact from Himself that very same price, and for the very same reason.
The Hour of Light
Biblical Hebrew had no word for “hour,” nor was such a term used as a measure of time. In the Roman and Greek cultures of the New Testament, the day was divided into twelve units. The term “hour” in the New Testament does not signify a measure of time but rather an expectation of an event. The “Hour of Jesus” is prominent in the Gospel of John and also mentioned in the Synoptic Gospels. Jesus is cited in John as saying that His Hour has not yet come (7:30 and 8:20). When it does come, it is the Hour in which the Son of Man is glorified (John 12:23; 17:1).
In the Gospel of Luke (22:53), Jesus said something ominous to the chief priests and captains of the Temple who came, led by Judas (and Satan), to arrest Him: “When I was with you day after day in the Temple, you did not lay hands on me but this is your hour, and the power of darkness.”
In all of Salvation History there has never been an Hour of Darkness without an Hour of Light. In the Passion of the Christ the two were not subsequent to each other, but rather parallel, arising from the same event rooted in sacrifice. This was the ultimate thwarting of Satan’s “opportune time.” Jesus, through sacrifice, did not just defeat Satan’s plan, but used its Hour of Darkness to bring about the Hour of Light.
Amazingly, “Light” and “Darkness” each appear exactly 288 times in Sacred Scripture. It is especially difficult to separate the darkness from the light in the Passion Narratives of the Gospel. Both are necessary for our redemption. Without darkness there is no sacrifice or even a need for sacrifice.
The Hour of Light began, not at Calvary, but at the Institution of the Eucharist at The Last Supper, the Passover meal with Jesus and His Apostles. The Words of Institution of the Eucharist are remarkably alike in substance and form in each of the Synoptic Gospels and in St. Paul’s First letter to the Corinthians (11:23).
The sacrificial nature of the Words of Institution and their intent at bringing about communion with God are most prominent in the oldest to come into written form, that of Saint Paul:
“For I received from the Lord what I also delivered to you, that the Lord Jesus, on the night when he was betrayed took bread, and when he had given thanks he broke it, and said, ‘This is my body which is for you. Do this in remembrance of me.’ In the same way also the chalice, after supper, saying, ‘This chalice is the new covenant in my blood. Do this, as often as you drink it, in remembrance of me.’ For as often as you eat this bread and drink the chalice, you proclaim the Lord’s death until he comes.”
The enormity of this gift, the beginning of the Hour of Light, comes in the midst of words like “betrayal” and “death.” It is most interesting that the Gospel of John, which has Satan enter Judas at the Passover Table of the Lord, has no words for the formula of Institution of the Eucharist. But John clearly knows of it. The Gospel of John presents a clear theological allusion to the Eucharistic Feast in John 6:47-51:
“Truly, Truly I say to you, he who believes has eternal life. I am the bread of life. Your fathers ate manna in the desert and they died. This is the bread which comes down from heaven, that a man may eat of it and not die. I am the living bread which came down from heaven; if anyone eats this bread he will live for ever; and the bread which I shall give for the life of the world is my flesh.”
The term “will live forever” appears only three times in all of Sacred Scripture: twice in the above passage from John, and once in the Septuagint, the Greek translation of the Hebrew Scriptures in Genesis 3:22. There, God expels Adam and Eve from Eden for attempting to be like God. It is a preventive measure in Genesis “lest they eat from the Tree of Life and live forever.” For John’s Gospel, what was denied to Adam is now freely given through the Sacrifice of Christ.
It is somewhat of a mystery why the Gospel of John places so beautifully his account of the Institution of the Eucharist there in Chapter 6 just after Jesus miraculously feeds the multitude with a few loaves of bread and a few fish, and then omits the actual Words of Institution from the Passover meal, the setting for The Last Supper in each of the other Gospels and in Saint Paul’s account.
Perhaps, on a most basic level, the Apostle John, beloved of the Lord, could not bring himself to include these words of sacrifice with Satan having just left the room. At a more likely level, John implies the Eucharist theologically through the entire text of his Gospel. In the end, after a theological and prayerful discourse at table, Jesus prays for the Church:
“When Jesus had spoken these words, he lifted up his eyes to heaven and said, ‘Father, the hour has come; glorify your Son that the Son may glorify you, since you have given him power over all flesh, to give eternal life to all whom you have given him. And this is eternal life, that they know you, the only true God, and Jesus Christ whom you have sent.”
Now Comes the Hour of the Son of God, The Cross stood only for darkness and death until souls were illumined by the Cross of Christ. From the Table of the Lord, the lights stayed on in the Sanctuary Lamp of the Soul.
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Note from Father Gordon MacRae: Take a time out from anxiety and isolation this Holy Week by spending time in the Hour of Light with these related posts from Beyond These Stone Walls:
A Personal Holy Week Retreat at Beyond These Stone Walls
Waking Up in the Garden of Gethsemane
The Chief Priests Answered, ‘We Have No King But Caesar’
Catholics, Communist China, and Hope for Hong Kong
James W. Harris, a friend of These Stone Walls, writes of the state of the Church in China since a 2018 concordat between Pope Francis and the Communist government.
James W. Harris, a friend of These Stone Walls, writes of the state of the Church in China since a 2018 concordat between Pope Francis and the Communist government.
Introduction by Father Gordon MacRae
In September, 2018, Pope Francis signed a concordat with the Communist government of the People’s Republic of China. The details of the Sino-Vatican agreement have never been published. One of its known tenets, however, allows the Communist government of China to select Catholic bishops in a State-approved Catholic church while the Underground Church that remains loyal to Rome is suppressed.
With this agreement, Pope Francis stands in stark contrast to the papacy of Saint John Paul II whose role in ending Communist rule in Poland is legendary. The Sino-Vatican agreement was signed by Pope Francis one year after a September, 2017 crackdown by the Chinese government enforcing strict requirements on churches and religious adherents of the traditional Church in China.
On Christmas Eve this year, The Wall Street Journal published column by Walter Russell Mead entitled “Pompeo Champions the Faithful” about the Trump administration’s commitment to protecting religious freedom. Mr. Mead wrote:
“Persecution hangs over beleaguered Christian communities in much of the world… The most alarming developments are taking place in China… China’s Communist rulers are well aware that Christians have led democracy movements in many countries… Some of the most visible leaders of the Hong Kong protests are prominently identified as Christians.”
Thomas Farr, President of the Religious Freedom Institute in Washington, D.C., wrote in “Diplomacy and Persecution in China”, (First Things, May 2019):
“The assault on religion currently taking place [in China] under President Xi Jinping is the most comprehensive attempt to manipulate and control religious communities since the Cultural Revolution.”
Early in 2017, while living near Shanghai, China, James W. Harris discovered These Stone Walls. At the time, his outreach to us was a sign of Divine Providence. James provided helpful guidance in my efforts to assist a young friend who was stranded and delayed in the ICE deportation system while awaiting documents from the Chinese consulate so he could return to his family in China.
After graduating from Seton Hall University in 2010, James taught English at a bilingual Catholic school in Honduras. Also fluent in Mandarin Chinese, James subsequently spent several years in China where he taught English at the Hua Mao Foreign Language School. It was in China that James met his wife to whom he has been married for over six years. They have a five-year-old son.
While in China, James was also co-founder of Real English Learning, a linguistic organization formed to teach Chinese students the use of English language in business and other real life settings, and also to introduce them to Western Culture. Together, the young family left China and relocated to the United States a year before Pope Francis signed a troubling concordat with the Chinese Communist government.
Since his return from China with his family, James taught religion and Mandarin Chinese at Paramus Catholic High School in New Jersey. Today, James works in the technology field as a Senior Sales Development Representative for ThoughtSpot. I invited James to write of his experiences as a Catholic in the People’s Republic of China. Due to the nature of this post and its first-hand witness, some names, events, and locations are redacted. It is a privilege to bring to our readers the following account from James W. Harris.
Catholics, Communist China, and Hope for Hong Kong
The three and a half years I spent in China contain some of the most precious and memorable moments of my life: the Sacrament of Holy Matrimony, the study of thousands of years of ancient history, the best boost to my career, and much more… but I have no plans on going back. It is unfortunate to say this about a country and place I view as my second home, though it is true, and the number one reason I am not looking to return to China is the Chinese Communist Party.
To protect the folks to be mentioned in this writing, names and specific locations will not be given. In 2012, after I broke the news to numerous people in the United States that I was about to begin a new adventure in China, several of them became nervous about my safety. They said the Chinese government was dangerous. I shrugged it off, pointing out that many foreigners from around the world were living and working in China.
Yet, while in China, I soon found out from first-hand interviews with the Chinese people the truth about the evil dictatorship of the Chinese Communist government. The first account goes back to the mid-Twentieth Century in central China. A well-liked family owned land and a farm with several hired laborers who helped with the farm work. They received word that Mao Zedong’s army was approaching the area and would kill all landlords and plunder any possessions of value that could be found.
The family began to destroy, hide, and rid themselves of every possession that they owned. They actively made themselves appear as poor as possible so that the army might spare them the fate suffered by thousands of other landowners. From that day forward, they lived an impoverished life for the rest of their lives.
Another story from the same area revolves around a man who founded and became principal of a school. Every person who knew this man while he was alive spoke highly of his integrity and good will. Since the Communist Party controlled all education as well as food distribution at the time, the school received a fixed amount of food that could be distributed to students. The rations were meager and the students were suffering.
After months of bearing with the lack of nutrition, the principal stated in an internal school meeting with his colleagues that “One steamed bun per day is not enough nutrition for the students.” A student who had heard the words of the principal informed on him with the government for being anti-communist. Soldiers came to the school, arrested the principal, and tortured him to death. For decades after this event, students and colleagues who knew the man spoke highly of him and treated his family well.
There are dozens of these stories from the 20th Century to share, but let’s fast forward to 2012 when I arrived in China. Businesses were thriving; food was abundant; cars and Western clothing were seen, and spoken English was heard, throughout the country. There were a large number of Catholic churches in the various places I visited and lived in. I thought this was quite a different Communist regime from the one that previously ruled.
The Chinese Patriotic Catholic Association
While in the United States, I heard of the Underground Church in China, but for my first two years there little was spoken of it. The churches had pictures of Pope Benedict XVI and distributed his writings in addition to praying for him at every Mass. They sold Catholic books and Bibles published by a Catholic diocese and not the State-approved Chinese Patriotic Catholic Association (CPCA).
All seemed well between the Catholic Church in China and the government controlled CPCA until I began to learn what was going on behind the scenes. A parishioner described to me that there are priests, who are “with the Pope” and priests who are “with the government.” “Some people say [this priest in this particular church] is with the government,” the parishioner said.
I had been told by a seminarian that the local seminary had been shut down by the government so his studies were delayed. The government does not recognize seminarians for their academic achievements and forbids societal recognition of their bachelors, masters, or doctorate degrees. The bishop of that diocese was not allowed to celebrate Mass publicly and was forced — until his death — to reside at the seminary without permission to leave.
I also attended a Christmas Eve practice session at a church to be an altar server for the Traditional Latin Mass on Christmas Day. When Christmas Day came, the Novus Ordo in Latin was offered instead. It turned out that the parish priest could not obtain permission from the government to offer Mass in the Extraordinary Form.
It became increasingly evident how government entities controlled the Catholic Church in China. Though far from the style of persecution in decades past, there was an uptick in anti-Catholic and anti-Christian activity by the Chinese government around 2015-2016. A popular Catholic pilgrimage site that I had visited in 2013 was no longer open to pilgrims because the government had closed it down.
This was confirmed by a priest whose cell phone was wiretapped. He was planning a pilgrimage for a group of parishioners, but on the day they were due to leave, the police arrived at the church, interrogated the priest about the pilgrimage, and told him that the group was not permitted to go. It was then that I realized that underground or above ground — all priests in China are subject to being persecuted at any time.
It was around this same time that the “de-crossing” saga began. Thousands of crosses were forcibly removed by police from the steeples and facades of churches. Apparently, a government official was jealous after seeing crosses from Christian churches present in the skyline of one area so he ordered that all crosses be removed. Thus began outright persecution of Christians and their churches in broad daylight. Parishioners who resisted were beaten or arrested. There was little they could do.
A song then began to be sung in Christian churches throughout China: “The Cross Is My Glory.” I remember singing that hymn in a church where the priest was afraid to leave lest the government show up to remove the cross from the rooftop of his church. This was not even the saddest event at that time. I received news that the body of a priest in the Underground Church was found in a river. This was the lowest that things could go, and I began seeking employment in the U.S. not long after these events took place
[Editor’s Note: It was at this time that Mr. Harris contacted Father MacRae through These Stone Walls, but he was not able to be candid then about what he had encountered in China.]
How could the Chinese Communist Party commit such grievous sins against its own people? Many may not realize it, but the Chinese government professes and embraces atheism. In order to become a member of the Chinese Communist Party, or to work for the government, one must openly and publicly adhere to atheist beliefs. Although some government officials are secretly Christian most are not and work to further the Communist agenda.
This is why I could not disagree more with the decision of Pope Francis to recognize Catholic bishops appointed by the Chinese Communist government instead of by the Vatican. What kind of bishops does the Communist Party elect? Are they bishops who would speak out against forced abortions, the killing of priests, the forced removal of crosses from churches? No. The Chinese Communist Party appoints as bishops atheists who agree to further the Communist agenda in China.
About a year ago, police began showing up in local villages throughout China. They had a two-part agenda. First, it was made illegal for parents to bring their children to church. Second, fires were started and villagers were ordered to throw their Bibles into the fires. Arrests would be made any time there was a failure to comply. This was confirmed to me by a Chinese person forced to throw a Bible into the fire.
Hope for Hong Kong
It is not by accident that we arrive today in 2020 Hong Kong where millions of people have been protesting in the streets over the last year against the overreaching arm of the Chinese Communist government. While those in mainland China have suffered decades of hiding from the government — hiding their faith, burying their Catholic objects, and having Masses offered secretly in their homes — Hong Kong up to this point had not suffered the same fate as the protesters at Tiananmen Square in 1989.
For the people of Hong Kong, the Chinese Communist Party is more of an external force than an internal one. Google, Facebook, Twitter, and YouTube are permitted in Hong Kong while barred in the rest of China. A visa is required for U.S. citizens to travel to China, but not so for Hong Kong. The list of differences between life in mainland China and that in Hong Kong is extensive. It should be no surprise that the current protests arose as China began to impose more laws on the people of Hong Kong.
Every Catholic who has been frustrated with the rise of religious persecution in China over recent years must pray for the success of the people of Hong Kong in this conflict. The alternative would be the same fate as the murdered underground priest multiplied a thousand times over the course of many years.
Hope and pray for the freedom of the Chinese people to own private property, to be educated and employed without government tyranny, and to practice the fullness of Catholic faith openly. This will not come from Beijing — neither the government nor the people. The majority of the good people of China have had their spirit of protest wiped out after decades of murder, mind control and oppression.
If anyone in China develops the spirit to resist the evil of Communist tyranny, a physical beating would be the most favorable outcome. Hong Kong, on the other hand, is a rallying point for anyone who believes that an atheistic and tyrannical government must be stopped.
Unfortunately, the events in Hong Kong are suppressed throughout the rest of China and cannot be viewed by the people there. However, there are many Chinese Americans who are hoping and praying for Hong Kong so that their heritage and former home in China may become a place of faith and freedom.
What lessons can we learn from China? How much do we tolerate evil behavior in our own country? What do we do when there is a small or large injustice committed against our faith and our freedom?
The stories I have shared in this writing took place in China, one particular country. Yet, there are forms of atheism, Communism, and many worse ideologies in every country across the globe where followers of those beliefs try to suppress religious freedom. Catholics must work harder than them all to put into practice the teachings of Jesus Christ and His Holy Church.
Thank you for reading, and God bless you.
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Editor’s Note: Visit James W. Harris on LinkedIn
Notes from Father Gordon MacRae: I am most grateful to James Harris for this outstanding and important post. Please share it on your social media as a sign of hope for the people of Hong Kong and those in mainland China who will not be permitted to read it.
These Stone Walls was once cited by Today’s Martyrs for original reporting on the suppression of human rights for a specific population: Catholic priests. I invite you to visit Today’s Martyrs for a periodic report on the suppression of rights in China and throughout the world.
Our Lady of Guadalupe Led Pornchai Moontri from His Prisons
The Feast of Our Lady of Guadalupe is the setting for a profound story of how Mother Mary sought out a son lost in darkness and led him to the light of Divine Mercy.
The Feast of Our Lady of Guadalupe is the setting for a profound story of how Mother Mary sought out a son lost in darkness and led him to the light of Divine Mercy.
“The Marians believe Mary chose this particular group of inmates to be the first. That reason eventually was revealed. It turns out that one of the participating inmates was Pornchai Moontri.”
Felix Carroll, “Mary Is At Work Here,” Marian Helper magazine
This story describes a most unlikely series of events in a most unlikely series of places. Some of it has been told in these pages before, but putting theses threads together in one place creates an inspiring tapestry of Divine Providence. I first thought of writing about this several months ago at the conclusion of a six-week retreat program in the New Hampshire State Prison.
Over the summer of 2019, Pornchai Moontri and I were asked to take part, for a second time, in the Divine Mercy retreat, 33 Days to Morning Glory by Marian Father Michael Gaitley. It was offered here in the summer months amid lots of competing activities. The organizers needed 15 participants to host the retreat, but only 13 signed up. So Pornchai and I were to be “the filler.”
We ended up benefitting greatly from the ‘retreat,’ and I think we also contributed much to the other participants. At the end of it, one of the retreat facilitators, Andy Bashelor turned to Pornchai and said “I want you to know that I saw your conversion story. It is the most powerful story I have ever read.” I wrote of this in “Eric Mahl and Pornchai Moontri: A Lesson in Freedom.”
But before returning to that story, I want to revisit something that happened several months before it was posted. Late in the afternoon of December 11, 2018, I was at my desk in the prison Law Library where I use two computer systems side by side. Neither can be used for my own work. I still write posts on an old typewriter.
One computer at my work desk connects directly to Lexis Nexus, a legal database that all law libraries have. The other connects to the prison library system database. As I was shutting down the computers before leaving for the day, I decided to change the background screen on that second computer. For the previous two years it was a graphic image of our Galaxy with a little “You Are Here” arrow pointing to a tiny dot in the cosmos that depicted our solar system. It made me feel very insignificant.
I had but moments left before rushing out the door at 3:00 PM. I called up a list of background screens which displayed only hundreds of numbered graphic files with no way to view them. So I decided to just pick a number – there were pages of them — and get what I get. Then I shut down the system without seeing it.
The next morning, December 12, I arrived at my desk and booted up the computer for work. The image that filled my screen is the one you see here. It’s a magnificent mural in Mexico City. I was not yet even conscious of the date. On the Feast Day of Our Lady of Guadalupe, from a thousand random numbers, she appeared on my screen and has been there since.
I was not always conscious of any spiritual connection with Mary. Her sphere of influence in my life was first directed to Pornchai Moontri. The segment from Marian Helper magazine atop this post attests to that. I wrote of it in “Crime and Punishment on the Solemnity of Christ the King.”
A Mystery in Her Eyes
But back, for a moment, to Our Lady of Guadalupe which became my favorite among all the Marian images I have come to reverence. Its origin is fascinating. Nearly five centuries ago, on the morning of December 12, 1531, young Juan Diego, an early Aztec convert to Catholicism in the New World, was walking at the foot of Tepayac Hill outside Mexico City.
Days earlier in the same location, Juan Diego heard the beautiful voice of a lady, but saw no one. On this day, she appeared. She instructed Juan Diego to build a church on that spot. She then told him to gather up in his tilma — a shawl that was commonly worn at the time — a bunch of Castillian roses that appeared nearby. Castillian roses were never in bloom in December, but there they were. He was told to bring these to the local bishop.
When Juan Diego removed his tilma in the presence of the bishop and a group of people with him, he and they were surprised to see the roses. But they were stunned to also see imprinted in the tilma an amazing image of a beautiful young woman surrounded by the rays of the Sun with the crescent moon under her feet, surrounded by roses and with angels attending her. The woman had asked Juan Diego to tell the bishop that she is “Coatloxopeuh,” which in Nahuati, the language of the Aztecs, means “The One Who Crushes the Serpent.”
Juan Diego’s tilma, a garment of the poor, was made of coarse fiber completely unsuitable for painting. Since 1666, the tilma image has been studied by artists and scientists who have been unable to explain how the image became incorporated into the very fibers of the tilma. The shawl is the only one of its kind still in existence after nearly 500 years. It is enshrined in the Basilica of Our Lady of Guadalupe in Mexico.
Hundreds of years later, in 1929, a photographer revealed that when he enlarged photographs of the Lady’s face on the tilma, other images appeared to be in her eyes. In 1979, scientist and engineer, Dr. Jose Aste Tousman, studied the tilma using more sophisticated imaging equipment enlarging her eyes 2,500 times.
After filtering and processing the images using computers, it was discovered that the Lady’s two eyes contain another imprint — the image of the bishop and several other people staring at the tilma apparently at the moment Juan Diego presented it in 1531. It was a permanent imprint equally appearing upon the retinas of both eyes in stereoscopic vision. It appeared to be what Our Lady of Guadalupe saw when Juan Diego first presented his mysterious tilma to the bishop.
On January 26, 1979, Pope John Paul II offered Mass in the Cathedral of Our Lady of Guadalupe before an overflow crowd of 300,000. Years later, St. Juan Diego was canonized by him. Now, seemingly by random “accident,” that image is enshrined on the computer screen in the place where I work in prison each day. The mathematical odds against this happening are as astronomical as the odds against the image itself.
Her Summons to Pornchai Moontri
The icon of Our Lady of Guadalupe is now also on the wall of our cell. It has been widely accepted by many as a representation of the “Woman Clothed with the Sun and the Moon Under Her Feet” as described in the Book of Revelations (12:1). In the Mystical City of God, Venerable Mary of Agreda discerned that evil greatly fears this image, and flees from it.
Both Sacred Scripture and Catholic Tradition are filled with accounts of good men and women who suffer terrible ordeals only to be transformed into great men and women. I told the devastating story of how Pornchai Moontri came into my life in 2005 and all that he endured before and after in “Pornchai Moontri: Bangkok to Bangor, Survivor of the Night.”
Seemingly by some mysteriously Guiding Hand, the events of both our lives steered us toward the point of our being in the same place at the same time and meeting. After all that Pornchai had suffered in life, he would have had nothing to do with me if not for a 2005 set of articles about me that Dorothy Rabinowitz wrote in two parts in The Wall Street Journal (“A Priest’s Story”).
Pornchai read them and was moved that he has met a friend whose life had been unjustly shattered in almost equal measure to his own. It was then that he made a decision to trust me.
In 2007, the next catastrophe in his life took place. After fifteen years in prison, many of them in the cruel torment of solitary confinement, Pornchai was ordered by a U.S. Immigration Judge to be deported to his native Thailand upon completion of his sentence. Pornchai despaired about the prospect of one day being left alone in a country of only vague memories, a country from which he was taken against his will as a young abandoned child.
I told Pornchai in 2007 that we will have to build a bridge to Thailand. He scoffed at this, saying that it was impossible to do from a prison. Then the first sections of the bridge began to be laid out. This was two years before These Stone Walls began in 2009. First, Mrs. LaVern West, a retired librarian in Cincinnati, Ohio also read those WSJ articles and began corresponding with me.
In a return letter, I mentioned my friendship with Pornchai and the challenges we faced. LaVern began researching and printing rudimentary lessons of Thai language and culture and sending them to Pornchai who began to study them. One of the lessons mentioned a Thai language series produced by Paiboon Publishers, a Thai language bookseller in California. So I wrote to them. Pornchai had not heard Thai spoken since before he became a homeless 13 year-old lost in America.
Paiboon Publishers donated a set of Thai language DVDs to the prison library for the exclusive use of Pornchai to study Thai several hours per week. He quickly became proficient in the spoken language of his early childhood. Writing in Thai, however, was simply beyond his grasp. Mine too.
We both gave learning the Thai writing system a serious effort, but it seems just a complex series of squiggles beyond the capacity of most Western adult minds to assimilate. Pornchai reads and writes fluently in English, however, which in Thailand is an asset.
In 2008, the Catholic League for Religious & Civil Rights published “Pornchai’s Story” as the conversion story of 2008. In 2009, These Stone Walls began, and I also began a quest to make our presence known in Thailand. On the Tenth Anniversary of this blog — in “Prison Journal: A Decade of Writing at These Stone Walls” — I told the story of how it started and the impact it has had on both our lives.
Charlene Duline, a reader of These Stone Walls from Indianapolis, wrote a post for her own blog entitled “Pornchai Moontri is Worth Saving.” I scoffed at it. It was an appeal for an attorney to help Pornchai, but my experience with lawyers left me very pessimistic. Across the globe, trademarks attorney Clare Farr read it and began an investigation into the life of Pornchai in both Thailand and the State of Maine.
My efforts to reach out to Thailand at first seemed to no avail. Everything written and mailed from prison bears a disclaimer stamped on our envelopes declaring that the contents were written and mailed from prison. With only a few exceptions, my letters to anyone I thought might help us were met with silence. Meanwhile, Pornchai was brought into the Church on Divine Mercy Sunday, 2010. This resulted in several articles and a chapter in the book, Loved, Lost, Found, by Marian Helper Editor, Felix Carroll. [Editor’s note: that chapter is reprinted with permission with important pictures and a stunning video link to a PBS Frontline documentary about the solitary confinement prison cells where Pornchai spent seemingly endless years. This is to be found at the website dedicated to Pornchai: MercyToTheMax.com]
The book was especially powerful, and it made its way to Bangkok where it was read by a prominent group of Catholics who founded a Divine Mercy mission and ministry. The rest is told gloriously in a post I will link to at the end: “Knock and the Door Will Open: Divine Mercy in Bangkok, Thailand.”
My Surrender to Her Fiat
I gradually became aware that what I once thought and hoped was a Great Tapestry of God designed to rescue me was really designed to rescue Pornchai Moontri, and I was but an instrument in a Divinely inspired Script. It became increasingly clear to me why Mary sent another of her spiritual sons, St Maximilian Kolbe, into our lives.
I came to understand in my heart and soul that I am to emulate what he did. I am to offer my life — or at least my freedom — for the salvation of another prisoner upon whom Mary has placed the safety of her mantle. This is how we got to where we are.
Pornchai’s survival has taken on a life of its own as a result of our growing years of trust in Divine Mercy. The Divine Mercy Thailand group has obtained a commitment from the Redemptorists of Thailand and The Father Ray Foundation to receive Pornchai for a period of adjustment and re-assimilation into Thailand and its culture.
I am trying to raise his room & board for a year. When prisoners are deported from America, they are left in a foreign country with nothing but the clothes on their backs. Without contacts in the receiving country, many are doomed. We have learned much about the process of forced deportation from our experience with others. (See: “Criminal Aliens: The ICE Deportation of Augie Reyes.”)
Late on the night of November 22, 2019, I watched on EWTN as Pope Francis was greeted in Thailand in a beautiful ceremony as Thai Catholics in a predominantly Buddhist culture sang for him like an angelic choir. I realized I will be handing Pornchai over to them in a matter of months, and I could not contain my emotions any longer. As Pornchai was fast asleep late at night as I watched Pope Francis being received in Thailand, I began to cry.
I do not know where our long road turns next, but what started as tears of loss and sorrow that night were also tears of triumph. They were the tears of St. Joseph, summoned to a Fatherhood he never envisioned but from which he would never retreat. Through grace, and the gifts of powerful advocates in Heaven and on Earth, we did all this from inside a prison cell in Concord, New Hampshire. At every turn I heard Mary’s Fiat to Divine Providence: “Be it done to me according to Thy Word.”
O come, O come Emmanuel,
And ransom captive Israel,
That mourns in lonely exile here
Until the Son of God appear.
Rejoice! Rejoice! Emmanuel
Shall come to thee, O Israel.
For more on the above story, please read and share these related posts from Father Gordon MacRae:
The Paradox of Suffering: An Invitation from St. Maximilian Kolbe
Knock and the Door Will Open: Divine Mercy in Bangkok Thailand
When Justice Came to Pornchai Moontri, Mercy Followed by Attorney Clare Farr
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An Important Message from Ryan A. MacDonald:
To the Readers of These Stone Walls:
I have had the honor of twice interviewing Pornchai Maximilian Moontri behind those stone walls, and have written about him. As so many of you know, his story is staggering in the depths of its sorrow and yet inspiring in the heights of his spiritual conversion.
TSW reader Bill Wendell from Ohio has kicked off a funding effort with a gift of $1,000 to assist in the restoration of Pornchai’s life. Readers who wish to join in this effort may do so using the PayPal link at Contact & Support. Please indicate on the PayPal form memo line the name of Pornchai Moontri. You may also have a check made out to Pornchai Moontri forwarded to him at Pornchai Moontri c/o These Stone Walls, P.O. Box 205, Wilmington MA 01887-0205. In either case, these funds will be forwarded to a savings account set aside for Pornchai-Max who will be starting his life over. Thank you.
Pictured above: Pornchai Moontri with Viktor Weyand, his sponsor from Divine Mercy Thailand.
Our Bishops Have Inflicted Grave Harm on the Priesthood
Pope Francis issued 2019 guidelines for preserving a right of defense for accused priests and limits on publishing their names. Many U.S. bishops just ignored these.
Pope Francis issued 2019 guidelines for preserving a right of defense for accused priests and limits on publishing their names. Many U.S. bishops just ignored them.
Editor’s Note: The following guest post by Ryan A. MacDonald is an important sequel to his previous post, In the Diocese of Manchester, Transparency and a Hit List.
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In the above-captioned article at These Stone Walls, I wrote about a decision of The Most Rev. Peter Libasci, Bishop of the Diocese of Manchester, New Hampshire, to publish a list of the names of priests “credibly” accused in that state over the past fifty years. At the time the list was published in August 2019, the Bishop and Diocese issued a press release citing ‘transparency” as the reason for publishing it.
The list contained the names of 73 accused priests. More than half are deceased. Only five of the 73 ever had a case for prosecution before any New Hampshire court. None of the claims were current. Most alleged misconduct from three to five decades ago. Virtually all were brought with a financial demand that resulted in a monetary settlement from the diocese.
Bishop Peter Libasci’s published list was generated, not by any semblance of due process, but rather by a one-sided grand jury investigation of the diocese launched in 2002. That investigation treated all claims in civil lawsuits and other demands for settlement as demonstrably true with no standard of evidence whatsoever.
Bishop Libasci’s press release revealed that the claims against all 73 priests were determined to be “credible.” This is a standard that the United States bishops adopted at their Dallas meeting in 2002. “Credible,” as the bishops are applying it, means only “possible.” If it could have happened, it’s credible.
A 2003 grand jury investigation of the Diocese was the source for the recently published list. In that investigation, none of the accused — the few who were still living, anyway — were permitted to appear to offer any defense. That is the nature of a grand jury investigation. It is a strictly prosecutorial affair that is supposed to determine whether indictments and trials should follow. None of the subjects on Bishop Libasci’s list were indicted after the 2003 grand jury report became public.
My article cited above was followed by a related and stunning article by Fr. Gordon MacRae, one of the priests whose name appears on the bishop’s list. His category was unique on the list. It was simply, “convicted.” It was published without nuance by a diocese whose previous bishop told others in secret that he knows Father MacRae to be innocent and unjustly imprisoned. “Transparency,” however, has its limits.
Father MacRae’s article is “A Grand Jury, St. Paul’s School, and the Diocese of Manchester.” Amazingly, from reports I have seen generated by These Stone Walls, the article was heavily read around the world, most notably in Washington D.C., at the Holy See, and throughout Rome. In New Hampshire, it was the most-read article of the year at These Stone Walls.
My article, “In the Diocese of Manchester, Transparency and a Hit List,” focused on injustices behind the scenes in a decision of the Bishop and Diocese to publish that list anew. Father MacRae’s remarkable sequel contrasts the 2003 grand jury investigation of his Diocese with a similar 2018 investigation of a nationally known Concord, New Hampshire academy, St. Paul’s School, with historic ties to the Episcopal church. Fr. MacRae brought to light a judicial ruling that publishing these grand jury reports — and by extension the Bishop’s list of names — is actually forbidden under New Hampshire law.
Grave Injustice in the ‘Live Free or Die’ State
Father MacRae’s article revealed a grave injustice in the Diocese of Manchester and multiple other U.S. dioceses. Fifteen years after the Diocese and Attorney General signed a deal in secret to publish a grand jury report in 2003, New Hampshire Superior Court Judge Richard McNamara ruled that the report, and one involving a 2018 St Paul’s School grand jury investigation, cannot legally be published.
New Hampshire Attorney General Gordon MacDonald pressed to allow publication of the St. Paul’s School report. He cited the 2003 Diocese of Manchester precedent in which a report and files were published — the source for the names on Bishop Libasci’s list.
Father MacRae revealed that in 2003, the current N.H. Attorney General was part of a legal team representing the Diocese when release of the report was agreed upon in secret. It was the Attorney General’s citing the precedent that triggered Judge McNamara’s 23-page Order dated August 12, 2019, ten days after Bishop Libasci published his list.
Given the various one-sided grand jury investigations of Catholic dioceses across the U.S., Judge McNamara’s Court Order should give Catholics pause. The judicial findings summarized below cast doubt on the U.S. bishops’ collective decisions to publish lists of names arising from grand jury investigations:
The OAG [Office of the Attorney General] argues that a common law precedent for such a report does in fact exist because the Hillsborough County [NH] Superior Court [in 2003] authorized an agreement between the OAG and the Diocese of Manchester to waive the secrecy of a grand jury investigation …
The Hillsborough County Superior Court endorsed the Diocese-OAG Agreement without explanation and without any written Order. This Court respectfully disagrees with the decision to approve the Diocese-OAG Agreement [in 2003].
The Diocese-OAG Agreement fulfilled none of the traditional purposes of the common law grand jury.
The Court cannot find that the use of grand jury materials and the breach of grand jury secrecy in order to prepare a report is a practice authorized by New Hampshire common law.
Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered, but did not indict on. It did not protect the privacy interests of those witnesses and subjects that were never charged with a crime by the grand jury.
The deficiency of the Diocese-OAG Agreement is cast in bold relief by [a] December 2018 decision of the Pennsylvania Supreme Court Pennsylvania has a statute that specifically authorizes investigative grand juries and investigative reports. However, as in most states, the statute contains statutory procedures to provide individuals with due process protections for their reputational rights … the petitioners were entitled to have a report published with redactions of their names in order to protect their right to reputation. [emphasis added]
A grand jury is not an adversary hearing in which guilt or innocence is established. Rather, it is an ex parte investigation to determine whether a crime has been committed and whether criminal proceedings should be instituted against any person.
Grand jury testimony can involve all sorts of false, damaging, and one-sided information and New Hampshire has no historical or legal basis for releasing such information.
An allegation of wrongdoing or impropriety, based on half-truths, illegally seized evidence, or rumor, innuendo or hearsay may blight a person’s life indefinitely.
Mark Twain famously said that a lie is half way around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become more efficient.
Accordingly, the Court DENIES the OAG Motion to Produce and Disclose. The OAG may not produce any report that contains any material characterized as a “Grand Jury Report.”
[Source Order of Judge Richard B. McNamara In Re: Grand Jury No. 217-2018-CV-00382, August 12, 2019.]
Now Comes the Pope
The Court Order should have applied to the Bishop of Manchester as well. He took it upon himself to do what the law forbids the State to do: to prosecute and convict in the public square those who were not indicted, were not tried or convicted, but were merely accused. I find it a disturbing coincidence that Bishop Peter Libasci’s decision to publish a list of the names of 73 accused priests — the vast majority of whom are merely accused — took place just days before the Order by Judge McNamara was issued.
This is ironic, at best, and at worst highly suspect. Had the Order preceded the release of names, the priests involved — those still living, anyway — may have had legal standing to challenge it. But this all pales next to published guidelines of another authority the bishops should be heeding.
On November 12, 2019, Archbishop Christoph Pierre, Apostolic Nuncio to the United States, addressed the U.S. Conference of Catholic Bishops in Washington, D.C. His address emphasized that “The pastoral thrust of this pontificate must reach the American people.” The bishops can fulfill this, he said, with “tangible signs of their communion with the Holy Father.”
Among the “pastoral thrusts” of the pontificate of Pope Francis that might require communion with his bishops was a February 21, 2019 issuance of a set of guidelines that bishops should follow on how allegations of sexual abuse by priests are to be handled. The list included 21 points that Pope Francis asked the bishops to observe. Point Number 14 is as follows:
“The right to defense: the principle of natural and canon law of a presumption of innocence must also be safeguarded until the guilt of the accused is proven. Therefore, it is necessary to prevent the lists of the accused being published, even by dioceses, before the preliminary investigation and a definitive condemnation.”
Rev. Msgr. Thomas G. Guarino, Professor of Systematic Theology and a prolific author, has published what I consider to be a landmark article entitled “The Dark Side of the Dallas Charter (First Things, October 2, 2019). Father Guarino characterized the 2002 Dallas Charter — the operable document under which accused priests are removed from all ministry:
“The harried bishops, with their Dallas Charter of 2002… passed Draconian norms that come close to venturing beyond Catholic teaching. The American bishops decreed ‘zero tolerance’ for priests accused of sexual abuse, a norm that, as Cardinal Avery Dulles acknowledged in 2002, violates equitable treatment for priests. Dulles added, ‘Having been so severely criticized for exercising poor judgment in the past, the bishops apparently wanted to avoid making any judgments in these cases’”
Father Guarino’s article points out that Pope Francis has been reluctant to invoke the term “zero-tolerance.” The Wall Street Journal reported that of the twenty countries in the world with the largest Catholic populations, only the Bishops of the United States have invoked a policy of “zero tolerance.”
In 2000, the U.S. bishops issued a pastoral document critical of the American criminal justice system. The bishops rejected terms such as “zero tolerance” and “three-strikes” in the application of punishments in the criminal justice system. They urged lawmakers to focus on rehabilitation and restorative justice while imposing sentences.
But two years later, at Dallas in 2002, under the harsh glare of the news media and victim advocates such as S.N.A.P. (who were directly invited by the bishops) the U.S. bishops inflicted the same panic-driven one-size-fits-all policy on their priests that they asked the justice system NOT to inflict on all other U.S. citizens. Cardinal Avery Dulles wrote in rebuttal in 2004:
“The Church must protect the community from harm, but it must also protect the human rights of each individual who may face an accusation… Some of the measures adopted [at Dallas] went far beyond the protection of children… [Bishops] undermined the morale of their priests and inflicted a serious blow to the credibility of the Church as a mirror of justice.”
— Avery Cardinal Dulles, “The Rights of Accused Priests,” America 2004
The Dark Side of the Dallas Charter
As Father Gordon MacRae exposed in “A Grand Jury, St. Paul’s School, and the Diocese of Manchester,” the late Father Richard John Neuhaus interviewed an American prelate who was one of the unnamed principal architects of the U.S. Bishops’ Dallas Charter. Father Neuhaus quoted him in a First Things article: “It may be necessary for some innocent priests to suffer for the good of the Church.” That prelate, according to Father MacRae, was Cardinal Theodore McCarrick.
As Father Guarino points out in “The Dark Side of the Dallas Charter,” a significant problem with the Bishops’ policy is that most accused priests have not actually been found guilty of abuse. Of the 73 priests, both living and deceased, on Bishop Peter Libasci’s published list, only five ever had due process in any court of law. Three of those were by plea deals, and one, as Bishop Libasci’s predecessor has acknowledged in secret, is wrongfully convicted.
For all the other names on the Diocese of Manchester list — and for the vast majority of the hundreds of American priests who have been removed from ministry, the allegations against them were only considered “credible,” meaning only that it is possible that they happened. If any other American citizens from any walk of life were subjected to such a standard before being shamed in the public square, libel and slander lawsuits would flood the courts.
Perhaps the greatest insult to Catholics in the pews is the statement of Bishop Libasci — and other bishops who have published lists of names of the accused — that this is done for the purpose of “transparency.” I have personally attempted to review the required canonical investigations of Father MacRae that a previous official of the Diocese of Manchester insisted were carried out. I was told that these investigations are confidential.
I have requested to see the list of settlements meted out to the accusers in his case which have been called into question by The Wall Street Journal and other interested parties. I was told that these settlements are confidential.
Father MacRae himself requested of a previous bishop, the Most Rev. John McCormack, that he be permitted to see the canonical investigation that the bishop claimed was forwarded to the Holy See. Father MacRae was reportedly told that this, too, is confidential. He was later told by another official of the Diocese that no required canonical investigation ever took place. This was before MacRae learned from a New Hampshire attorney and a PBS producer that Bishop McCormack revealed, after requesting secrecy, that “I firmly believe Father MacRae is innocent and should not be in prison.”
“Zero Tolerance” is an insult to Catholic theology and to our priests who are disenfranchised from their priesthood, and from their civil rights as citizens, on the whim of a bishop after being accused.
“Transparency,” however, is an insult to all the rest of us who have waited under shrouds of duplicity for our bishops to reflect the mirror of justice that this world needs the Church to be.
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Editor’s Note: Please share this important post with the priests and Catholic laity you know. You are also invited to Subscribe to These Stone Walls and to Follow on Facebook some inspiring related graphic presentations of these posts.
You may learn more on the story of Catholic priests falsely accused from these relevant articles:
In the Diocese of Manchester, Transparency and a Hit List by Ryan A. MacDonald
The Prison of Father MacRae: A Conspiracy of Silence by Ryan A. MacDonald
Bishops, Priests and Weapons of Mass Destruction by Father Stuart A. MacDonald, JCL
The Trials of Father MacRae by Dorothy Rabinowitz, The Wall Street Journal
