Paths I Crossed with Benedict XVI and Cardinal George Pell

Paul Haring | CNS

In strange ways, injustices I have known as a prisoner and a priest intersected the lives of Pope Benedict XVI and Cardinal George Pell who died just ten days apart.

February 8 , 2023 by Fr. Gordon MacRae

Pope Benedict XVI passed from this life at age 95 on the final day of 2022. Ten days later, Cardinal George Pell died of cardiac arrest at age 81 while recovering from routine surgery at a hospital in Rome. Both of these men were giants in the Church as the many tributes to them from around the world make clear. They were also targets for much vitriol and injustice. It was in this targeted injustice that my path crossed with that of both men.

In “Justice Delayed for Father MacRae,” a recent op-ed in The Wall Street Journal by famed Boston criminal defense and civil liberties attorney Harvey Silverglate, he cited a ground-breaking book by Dorothy Rabinowitz, a member of the Journal’s Editorial Board entitled, No Crueler Tyrannies: Accusations, False Witness, and Other, Terrors of Our Time. Ms. Rabinowitz was awarded the Pulitzer Prize for her collection of writings about unjust sex abuse prosecutions that generated a spate of wrongful convictions of innocent people in the 1980s and 1990s. Some of her subjects in the book and subsequent writings spent decades in prison. I am one of them.

One of the tragically misguided prosecutions cited in the book is that of Margaret Kelly Michaels, then a 24-year-old nursery school teacher in New Jersey. Charged with multiple counts of child molestation in a witch hunt atmosphere, Kelly was innocent of the heinous crimes, none of which actually took place. The charges were fantastical and false, but the child abuse terror of the time resulted in easy convictions with no valid evidence.

The nature of the evidence in Kelly’s case was chilling. The prosecution’s child psych expert — who had no real expertise at all — fashioned a theory that young children who say that no sexual abuse happened actually mean the opposite. A vigilante jury bought that theory and convicted Kelly Michaels. At age 24, she was sentenced to 47 years in prison.

After failed appeals having nothing whatsoever to do with truth or justice, Kelly’s fate seemed sealed in wrongful imprisonment until Dorothy Rabinowitz began writing about it. Then New York civil rights attorney Morton Stavis came out of retirement to take the case pro bono. In her book, Ms. Rabinowitz revealed that Mr. Stavis sought the aid of a New York-based left-leaning legal think tank, the Center for Constitutional Rights that he himself founded. The CCR wanted nothing to do with this case. As Ms. Rabinowitz explained:

“Arguing for due process on behalf of a person charged with child sex abuse violated the politically progressive views held by many at the center. In the 1980s, as today, there was a school of advanced political opinion of the view that to take up for those falsely accused of sex abuse was to undermine the battle against child abuse. It was to betray children and other victims of sexual predators.”

No Crueler Tyrannies, 17-18

The charges against me stem from the same time period, filtered through the same progressive political opinions, and hyped by the same prosecutorial mindset that to be accused of such things is to be guilty. It is the cruelest of tyrannies that even our Catholic bishops have cowed in fear under that progressive steamroller as priests so accused are discarded without defense. This was articulated in my recent post, “Priests in Crisis: The Catholic University of America Study.”

The heroic attorney Morton Stavis was not defeated by the progressive disdain for his effort from his own tribe at the Center for Constitutional Rights. He did not live to see his victory in this case, but he had put together a small team of righteous defenders who eventually prevailed by exposing the truth and winning Kelly’s freedom. One of these defenders was Robert Rosenthal whose prior legal briefs on my behalf are still on display at the National Center for Reason and Justice.

Kelly Michaels went on in life to marry a judge. She eventually recovered — to the extent one can — from the tyranny of wrongful imprisonment. She has corresponded with me in freedom, imparting as much hope for justice as she can by urging me to never give up. I haven’t, but I will be 70 on my next birthday and like Job, I know that my Redeemer lives (Job 19:25).

Vincenzo Pinto | AFP

Benedict’s “Crimes against Humanity”

However, reading Dorothy’s book was unfortunately not my final encounter with the Center for Constitutional Rights. Clinging to the progressive view that to be accused of sexual abuse is to be guilty, the Center for Constitutional Rights allowed itself to be duped and used by SNAP, the activist group Survivors Network of those Abused by Priests. I wrote a post some time ago that seemed to mark the beginning of the end of this organization's campaign to destroy any due process for Catholic priests. The post was, “David Clohessy Resigns SNAP in Alleged Kickback Scheme.”

Prior to writing that post, David Clohessy and SNAP manipulated the Center for Constitutional Rights into bringing a “crimes against humanity” charge against Pope Benedict XVI and the Vatican at the International Criminal Court at The Hague in the Netherlands. It was a shameless publicity stunt that had no hope of success, but was filed only to shame Pope Benedict and bring attention to SNAP.

Though I was aware of the charge, it was only after the International Criminal Court dismissed it that I learned that I was an unwitting pawn in this debacle. Journalist Joann Wypijewski, a reporter of courage and high integrity, wrote of it in her blistering review of the movie “Spotlight,” a film about The Boston Globe Spotlight Team coverage of the sexual abuse scandal. The following is an excerpt of her bold article, “Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film”:

“The film’s advertisement for SNAP, the Survivors Network for those Abused by Priests, faithfully represents the Globe’s affiliation. It elides SNAP’s belief that wrongful prosecutions are a minor price to pay in pursuit of its larger mission, something [The Boston Globe] did not much concern itself with either as it collected its Pulitzer for service in the public interest; something even the Center for Constitutional Rights disregarded in 2011 when it joined with SNAP to file a grotesque brief to the International Criminal Court demanding ‘investigation and prosecution’ of the Vatican for crimes against humanity.

“Liberals who cheer this sort of thing ought to ponder whether they have any principles at all ... . The CCR brief failed ... but to CCR’s shame, Father MacRae is specifically mentioned in that brief, with respect to allegations of videotape (that is, child porn), which prosecutors threw in at sentencing but for which there is no evidence according to the lead detective in the case cited by [Dorothy] Rabinowitz.”

I was frozen in place by grief upon first learning of this. I knew that the charge had no substance. I also knew that in her WSJ investigation, Dorothy Rabinowitz confronted NH Detective James McLaughlin who first contrived the charge. Cornered, he finally admitted, “There was never any evidence of pornography.”

This did not stop SNAP and CCR from including it in a falsified brief before the International Criminal Court. There was no repercussion for the attempt at fraud upon the court. Even now, as recently as a few months ago, biased NH reporter Damien Fisher— whose wife Catholic blogger Simcha Fisher has ties to my diocese — repeated the pornography allegation without even mentioning that it had been widely discredited, including by the dishonest detective who first raised it.

All the claims that Pope Benedict XVI enabled accused priests and failed to protect victims are of a kind with the above story. In the end, it was never any of this that really made him a target. It was his orthodoxy, his fidelity, his clear-minded exposure of Catholic truths. None of this could ever successfully be assailed, so instead they smeared him with a weapon straight from hell: false witness. Let that sink in.

The Exoneration of George Cardinal Pell

In the same manner that Kelly Michaels reached out to me upon her exoneration, it was because I had been so falsely accused that I reached out to Cardinal George Pell during his 400 days of unjust imprisonment. Having come to recognize signposts of dishonesty in such a case, I was certain that Cardinal Pell had been falsely accused. But because of prison rules barring direct contact with other prisoners, I could not contact in prison directly.

A friend, Sheryl Collmer, a Tyler, Texas writer for Crisis Magazine and other venues, was my intermediary. I know that pride is one of the Seven Deadly Sins, but in this case it was perhaps a bit less deadly. There have been few really proud moments during my imprisonment, but my ability to detect and expose the truth in support of Cardinal Pell was one of them.

As a result, I found this excerpt in his published Prison Journal Volume 2 (Ignatius Press 2021). It was written from his prison cell:

“Friday, 2 August 2019: By a coincidence, today I received from Sheryl Collmer, a regular correspondent from Texas, a copy of the 15 May 2019 post on the blog, Beyond These Stone Walls, written by Fr Gordon MacRae. The article was entitled, ‘Was Cardinal George Pell Convicted on Copycat Testimony?’

“Fr MacRae was convicted on 23 September 1994 of paedophilia and sentenced to sixty-seven years in a New Hampshire prison for crimes allegedly committed around fifteen to twenty years previously. The allegations had no supporting evidence and no corroboration.

“It is one thing to be jailed for five months. It would be quite another step up, which I would not relish, to spend another three years if my appeal were unsuccessful. But we enter another world with a life sentence. Australia is not New Hampshire, and I don’t believe all the Australia media would blackball the discussion of a case such as MacRae’s.

“The late Cardinal Avery Dulles, whom I admired personally and as a theologian, encouraged Fr MacRae to continue writing from jail, stating, ‘Someday, your story and that of your fellow sufferers will come to light and be instrumental in a reform.’

“Fr MacRae recounts extraordinary similarities between the accusations I faced and the accusations of Billy Doe in Philadelphia, which were published in Australia in 2011 in the magazine, Rolling Stone. Earlier this year, Keith Windshuttle, editor of the quality journal Quadrant, publicized the seven points of similarity, pointing out that ‘there are far too many similarities in the stories for them to be explained by coincidence.’ (See Keith Windshuttle, ‘The Borrowed Testimony that Convicted George Pell,’ Quadrant, 8 April 2019).

“The author of the 2011 Rolling Stone article was Sabrina Rubin Erdely, no longer a journalist, disgraced and discredited. In 2014 she had written, and provoked a storm which reached Obama's White House, about ‘Jackie’ at the University of Virginia, who claimed she was gang-raped at a fraternity party in 2012 by seven men.

“As Fr MacRae points out, ‘The story was accepted as gospel truth once it appeared in print.’ [Note: Rolling Stone later retracted the article in 2015] . Jackie’s account turned out to be a massive lie. A civil trial for defamation followed; the seven students were awarded $7.5 million in damages by the jury; and Rolling Stone was found guilty of negligence and defamation.

“The allegations behind the 2011 Rolling Stone article, published in Australia, have also been demolished as false by, among others, Ralph Cipriano’s ‘The Legacy of Billy Doe’ published in the Catalyst of the Catholic League in January-February 2019. No one realized in 2015, when the allegations against me were first made to police, that the model for copycat allegations, or the innocent basis for the remarkable similarities, was also a fantasy or a fiction.

“I am grateful to Fr MacRae for taking up my cause, as I am to many others. These include in North America George Weigel and Fr Raymond de Souza and here in Australia Andrew Bolt, Miranda Devine, Gerard Henderson, Fr Frank Brennan, and others behind the scenes.

“I will conclude, not with a prayer, but with Fr MacRae’s opening quotation from Baron de Montesquieu (1742) [from the BTSW About Page], ‘There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice]’”

Addendum

You may see — from Cardinal Pell’s last citation above — where Dorothy Rabinowitz got the inspiration for the title of her book, No Crueler Tyrannies. Once free from his wrongful prison sentence, Cardinal Pell was restored to his rightful position in Rome. From there, he reached out to me again in ways that I only learned about posthumously. He wrote to a mutual friend that he plans to refer to my situation in talks he is slated to present in Rome and Australia. He never got to present them.

In an op-ed in The Wall Street Journal, “Cardinal George Pell Faced Down a Hostile World” (January 13, 2023), Fr Raymond de Souza wrote that “His faith even during wrongful detention, was the crown of an inspiring Catholic life.” Reading his Prison Journal, I have no doubt been so inspired.

It is my prayer, and perhaps not even a necessary one, that Pope Benedict and Cardinal Pell both now stand in the Presence of God where they behold the fruition of all the graces bestowed upon them, and hopefully now upon us through them. We have not heard the last of them.

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Note from Fr. Gordon Mac Rae: Thank you for reading and sharing this post. You may also wish to visit these related posts from Beyond These Stone Walls:

From Down Under, the Exoneration of George Cardinal Pell

The Path of Sabrina Rubin Erdely’s Rolling Stone

Miranda Devine, Cardinal Pell, and the Laptop from Hell

Priests in Crisis: The Catholic University of America Study

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Francesco Sforza | Osservatore Romano | AFP

One of our Patron Saints, Saint Maximilian Kolbe, founded a religious site in his native Poland called Niepokalanow. The site has a real-time live feed of its Adoration Chapel with Exposition of the Blessed Sacrament. We invite you to spend some time before the Lord in a place that holds great spiritual meaning for us.

Click or tap the image for live access to the Adoration Chapel.

As you can see the monstrance for Adoration of the Blessed Sacrament is most unusual. It is an irony that all of you can see it but I cannot. So please remember me while you are there. For an understanding of the theology behind this particular monstrance of the Immaculata, see my post “The Ark of the Covenant and the Mother of God.”

David Clohessy Resigned SNAP in Alleged Kickback Scheme

David Clohessy, activist director of the Survivors’ Network of Those Abused by Priests (SNAP), resigned after a SNAP employee sued citing a lawyer kickback scheme.

We do not have many headlines like this one at Beyond These Stone Walls. It has the look and feel of descending into tabloid journalism, but when the headline is true, there is just no higher road to take. This is a story that must be told.

And I am not the first to tell it. David F. Pierre, Jr., author of several books including Sins of the Press and host of TheMediaReport.com published a report entitled, “Lawsuit by Ex-SNAP Insider Exposes Lawyer Kickback Schemes.” And to the surprise of many, the left-leaning, usually SNAP-friendly National Catholic Reporter broke the story first in an by NCR Editor Dennis Coday, “Sex Abuse Advocacy Group SNAP Sued by Former Employee.”

One day later, The National Catholic Register carried the story by Catholic News Agency writer, Kevin Jones entitled, “Did SNAP Receive Kickbacks for Suing the Church?” All three versions of the story have been sent to me by multiple BTSW  readers who asked me to write about it. A week after these accounts emerged, SNAP’s longtime Executive Director, David Clohessy, has mysteriously resigned. This is a development of immense importance in the arena of Catholic Priests Falsely Accused, one of David F. Pierre, Jr.’s most revealing books.

I have an angle on this story that none of the other accounts have, and I’ll get back to that, but first the story itself. In a lawsuit filed in the Circuit Court of Cook County, Illinois, Gretchen Rachel Hammond, SNAP’s former Director of Development, charged that she was terminated from her position after discovering what many have long suspected. The lawsuit alleges…

“… that SNAP routinely accepts financial kickbacks from attorneys, and in exchange for the kickbacks, SNAP refers survivors as potential clients to [these] attorneys, who then file lawsuits … against the Catholic Church. These cases often settle, to the financial benefit of the attorneys and, at times, to the benefit of SNAP, which has received direct payments from survivors’ settlements.”

The named defendants in the lawsuit are [the now-resigned] SNAP President Barbara Blaine, the now-resigned Executive Director David Clohessy, and “Outreach Director” Barbara Dorris who declined to comment for the NCR article. The lawsuit alleges that SNAP claims non-profit federal tax exempt status as an organization with the purpose of providing “support for men and women who have been sexually victimized by members of the clergy [with] moral support, information and advocacy,” while in reality it is a commercial operation “motivated by its directors’ and officers’ personal and ideological animus against the Catholic Church.”

Follow the Money

The lawsuit alleges that SNAP and its directors received substantial ‘contributions’ from the same attorneys to whom they refer clients, as much as 81 percent of SNAP’s annual budget in some years. In 2007, a full 38 percent of SNAP’s income for that year came from one “prominent Minnesota attorney who represents clergy abuse survivors.” That attorney is alleged to have provided $169,716 in kickbacks to SNAP in 2007, and $415,000 in 2008. The lawsuit claims that lawyers in California, Chicago, Seattle and Delaware also made major “donations,” some of them in six figures.

Former SNAP official Gretchen Rachel Hammond concludes in her lawsuit that “SNAP does not focus on protecting or helping survivors — it exploits them.” She alleges that SNAP leaders ordered her “not to reveal to anybody that SNAP received donations from attorneys.” She also alleges that in 2011 and 2012, SNAP leaders “concocted a scheme to have attorneys make donations to a front foundation” to conceal “attorneys’ kickbacks” to the organization.

The lawsuit alleges a pattern of collusion between plaintiff lawyers and SNAP officials to maximize publicity for the purpose of fueling bigger payouts while SNAP “callously disregards the real interests of survivors.” It claims that attorneys gave SNAP the drafts of plaintiff claims and other privileged information to generate sensational press releases.

In 2009, at the invitation of Bill Donohue, I wrote a feature article for Catalyst, the Journal of the Catholic League for Religious and Civil Rights entitled “Due Process for Accused Priests.” The article researched and exposed the practice of mediated settlements and SNAP’s demands to eliminate statutes of limitations for suing Catholic institutions — and only Catholic institutions — decades after civil laws allowed.

Up until that time, I had been spared SNAP’s pattern of public attack and character assassination, but my Catalyst article put me squarely on SNAP’s radar screen. Catholic writer Ryan A MacDonald — in “Why Do SNAP and VOTF Fear the Father Gordon MacRae Case” — quoted a comment by SNAP Director David Clohessy describing me as “a dangerous and demented man.”

On August 6, 2009, RenewAmerica.com writer Matt C. Abbott gave David Clohessy a soapbox for a rebuttal to my article which Mr. Abbott titled, “Imprisoned Priest, Clergy Abuse Survivor Clash.” Seeming to be in fear of the very exposure that the present lawsuit against SNAP now brings, Mr. Clohessy laid out a wildly false set of defensive statements and accusations: “The burden is on the victims, not the accused priests to prove these cases,” he wrote.

At the same time, Clohessy was well aware, and went on to describe, that the vast majority of the claims brought against priests are settled out of court with no findings of fact at all. Clohessy blamed this practice on the bishops who, he wrote, “insist on group settlements” because “they are scared to defend themselves in court.”

Clohessy knew very well that the machinery of making decades-old claims followed by financial compensation depended on asking few questions before writing lucrative checks. Still, he claimed that “many victims desperately want and could benefit from having their ‘day in court’ to expose not just their predator, but those who shielded and protected him.”

Now, according to Ms. Hammond’s lawsuit, it seems that David Clohessy’s annual salary and SNAP’s annual bottom line depended on keeping the machinery of blanket settlements going. In his landmark book, Catholic Priests Falsely Accused  David F. Pierre, Jr. described the quality of due process and distinguishing true from false claims in my own diocese:

“In 2002, the Diocese of Manchester, New Hampshire, faced allegations from 62 individuals. Rather than spending the time and resources looking into the merits of the accusations ‘Diocesan officials did not even ask for specifics such as the dates and specific allegations for the claims,’ New Hampshire’s Union Leader reported. ‘Some victims made claims in the past month, and because of the timing of the negotiations, gained closure in just a matter of days.’ ‘I’ve never seen anything like it,’ a pleased and much richer plaintiff attorney admitted.”

— Catholic Priests Falsely Accused, p. 80

Two of the reporters covering this story — Dennis Coday for the National Catholic Reporter  and Kevin Jones for Catholic News Agency — do a disservice to the cause of truth and justice in their reporting of it. They both refer repeatedly to SNAP’s (and the lawyers’) clients as “sex abuse victims” or “sex abuse survivors.”

It is true in some cases, of course, but it is true in most cases only if one accepts SNAP’s and the lawyers’ mythology that the claims against priests for which clients received blanket settlements were demonstrably true, and were measured and tested in some form of investigation. Most were not. Simply throwing money at an accuser does not constitute due process or a determination of truth. Some have been victims of little more than their own greed.

Pope Benedict’s ‘Crimes against Humanity’

SNAP successfully generated and manipulated a climate of outrage to fuel accusations and keep the money flowing. It was a climate few Catholic leaders had the courage to challenge, but one did. In his series of columns entitled “Scandal Time” in First Things magazine, Father Richard John Neuhaus tried to call upon American Catholics to put the brakes on the outrage fueled by SNAP:

“Priests, too, are to be deemed innocent until proven guilty. In the current climate of outrage, we need to be reminded of that truth again. … News reports claiming that a certain number of priests have been charged with abuse and that the claims were settled out of court must not be interpreted to mean that the priests are guilty. Some of them insisted and insist that they are innocent, but bishops were advised by lawyers and insurance companies that a legal defense against the charges would cost much more than settlement out of court.”

Scandal Time, by Richard John Neuhaus, April 2002

After Father Richard John Neuhaus published this cautionary statement, the bishops of the United States met in Dallas in 2002. Under the watchful eyes of a scandal hungry media, the bishops invited two “victim-activists” to address the conference that resulted in the Dallas Charter and the undoing of any priest accused. They were David Clohessy and SNAP president, Barbara Blaine.

SNAP’s national director, David Clohessy previously worked for over a decade for ACORN (Association of Community Organization for Reform Now), a group with aggressive, manipulative, and confrontational activism modeled after the tactics of 1960’s radical Saul Alinsky. Keeping the money flowing depended on creating and maintaining sufficient moral panic.

In August, 2011, the Catholic League published what should have been an explosive document if it had been given fair treatment in the news media. “SNAP Exposed” described in detail the ways David Clohessy and SNAP coached accusers in framing claims in order to maximize and manipulate media coverage.

One of the many egregious examples was SNAP’S recommendation for accusers and their lawyers to “display holy childhood photos” before news cameras adding, “If you don’t have holy childhood photos, we can provide you with photos of other kids that can be held up for the cameras.”

A month later, seemingly in retaliation for exposing the truth, SNAP co-opted a radically left legal activist group, the New York-based Center for Constitutional Rights, to file a “Crimes Against Humanity” charge against Pope Benedict XVI with the International Criminal Court at The Hague.

And in seeming retaliation for my 2009 article, “Due Process for Accused Priests,” I became an unwitting pawn in the attack on the Pope. David Clohessy and the Center for Constitutional Rights used an untrue and thoroughly debunked claim against me to bolster the charge against Pope Benedict. In her courageous article “Oscar Hangover Special: Why ‘Spotlight’ Is a Terrible Film,” journalist JoAnn Wypijewski unmasked the shame of this tactic in her in-depth coverage of the film, “Spotlight”:

“The film’s advertisement for SNAP, the Survivors Network for those Abused by Priests, … elides SNAP’s belief that wrongful prosecutions are a minor price to pay in pursuit of its larger mission, something the newspaper didn’t much concern itself with either as it collected its Pulitzer for service in the public interest; something even the Center for Constitutional Rights disregarded in 2011 when it joined with SNAP to file a grotesque brief to the International Criminal Court demanding “investigation and prosecution” of the Vatican for crimes against humanity.

“The CCR brief failed, but its unchallenged acceptance of accusations, anonymous complaints, prosecution arguments, grand jury reports, commission findings with no benefit of cross examination and no recognized rights of the accused is breathtaking, especially when one considers that CCR was simultaneously and courageously arguing on behalf of Guantanamo detainees …

“To CCR’s shame, Father MacRae is specifically mentioned in that brief, with respect to allegations of videotape (that is, child porn), which prosecutors threw in at sentencing but for which there is no evidence, according to the lead detective in the case cited by [The Wall Street Journal’s Dorothy] Rabinowitz.”

When I learned of this grave injustice, I tried to write to the Center for Constitutional Rights — It seemed a prophetic sign that its headquarters is located at 666 Broadway in Manhattan — but there was never a response. I wrote of the final outcome of CCR’s shameful complicity with SNAP in a BTSW  post, “The International Criminal Court has Dismissed SNAP’s Last Gasp.”

Perhaps I was premature. SNAP’S last gasp now seems to be the current lawsuit by one of its own directors. David Clohessy has claimed that his resignation has nothing to do with the current lawsuit exposing SNAP’s alleged financial kickbacks from clients’ lawyers.

It now remains to be seen whether David Clohessy and SNAP will follow their own advice about out-of-court settlements, and allow this lawsuit to go to a full and open trial before a civil jury.

And perhaps a RICO investigation — the government’s acronym for Racketeering Influenced and Corrupt Organizations — might also now be in order.

As I come to the end of this post, it has just been announced that SNAP founder, Barbara Blaine, has also tendered her resignation. In her brief statement she insists that it has nothing to do with the lawsuit which she says has no merit “like all the other lawsuits” against SNAP. [See the report on David F. Pierre, Jr.’s TheMediaReport.com: SNAP Founder and President Barbara Blaine Now Resigns As Pressure Mounts From Multiple Lawsuits.]

Editor’s Note: David Clohessy and Barbara Blaine ultimately settled the lawsuit by Gretchen Rachel Hammond for an undisclosed amount after demanding and receiving a signed nondisclosure agreement.