View Single Post
Old 10-18-2004, 06:22 PM   #1 (permalink)
jcookc6
Psycho
 
jcookc6's Avatar
 
Location: Venice, Florida
Kerry Excommunicated?

I guess he was an Altar Boy for other reasons!
http://www.defide.com/news.html
Latest News
Press Releases

NEWS RELEASE No. 2

FOR IMMEDIATE RELEASE

DE FIDE 1223 Wilshire Boulevard, PMB 346 Santa Monica, CA 90403 Tel: (310) 917-2719 Fax: (310) 496-2843 secretary@defide.com www.defide.com

SEN. JOHN KERRY “EXCOMMUNICATED,” ACCORDING TO VATICAN RESPONSE
Kennedy, Harkin, Cuomo, Collins Denounced for Heresy

Monday, 18 October 2004

SANTA MONICA, CA – A Los Angeles based expert in Canon Law, the legal code used by the Roman Catholic Church, announced Friday on EWTN's the World Over Live with Raymond Arroyo that an important Vatican congregation has given an unprecedented boost to his case for heresy against presidential candidate John Kerry. Marc Balestrieri, JCL who has filed a formal case for Heresy against Kerry for his support of the right to abortion, revealed that he has received a written response prompted by the Vatican’s Congregation for the Doctrine of the Faith, affirming that Catholic politicians who persist in supporting the right to abortion are “automatically excommunicated.”

Mr. Balestrieri, Director of De Fide, said the Response was written by the Reverend Fr. Basil Cole, O.P., an expert theologian based in Washington D.C., who was delegated by the Undersecretary of the Congregation for the Doctrine of the Faith, the Very Rev. Fr. Augustine di Noia, O.P., to formally respond. As a result, the Response has encouraged him to expand his complaint to include four more pro-abortion Catholic politicians, both Democrat and Republican.

“I went to Rome in person to submit two critical questions to the Congregation for the Doctrine of Faith,” said Balestrieri. “The first: Whether or not the Church’s teaching condemning any direct abortion is a dogma of Divine and Catholic Faith, with the denial or doubt of that dogma constituting heresy. The second: Whether or not the Church’s teaching condemning every right to abortion is a dogma of Divine and Catholic Faith, with the opposite error to that dogma heresy.”

In a four-page letter now posted at www.defide.com, Fr. Cole responded ‘Affirmative’ on both counts.

The Response is significant in that it represents the first time in modern history since Roe v. Wade in 1973 that such a clear reply is given to the Catholic faithful. Drafted under the auspices of the official Vatican Congregation with competency to decide doctrinal questions, it is entirely unambiguous and concludes:

“Consequently, if a Catholic publicly and obstinately supports the civil right to abortion, knowing that the Church teaches officially against that legislation, he or she commits that heresy envisioned by Can. 751 of the Code. Provided that the presumptions of knowledge of the law and penalty (Can. 15, § 2) and imputability (Can. 1321, § 3) are not rebutted in the external forum, one is automatically excommunicated according to Can. 1364, § 1.”

Mr. Balestrieri, a political independent, has repeatedly declared that his actions come to defend the Faith and Holy Eucharist from sacrilege and scandal, not as one focused on an electoral outcome. Catholics confess to the real presence—the Body, Blood, Soul and Divinity of God Himself—in the Sacrament of Holy Communion. “As early as today, Sen. Kerry, and all pro-choice Catholic politicians, who publicly call themselves Catholic yet who blatantly violate Canon Law by continuing to profess Heresy and receive Holy Communion, must publicly reject their abortion advocacy for the sake of their own souls, and the others they have scandalized. They have been excommunicated.”

Balestrieri went to Rome in late August and met with a dozen experts, all of whom confirmed the threefold unprecedented nature and scope of his canonical action in Church history: that it is a formal complaint for reparation for harm due to heresy; that this is analogous to a Common Law class action; and that the complaint was initiated by a layman. (In the past such actions regarding heresy would have been handled by the "Holy Office" vertically downwards, and would never have reached this point.)

Lacking guidance from the Vatican, he sought an appointment and was received by an official of the Congregation in its halls in Rome. On September 9th, less than ten days later, the Rev. Basil Cole, O.P., contacted Balestrieri to inform him of his delegation to answer the two questions. Three days later, the written Response was issued.

The Response states that any Catholic who denies or doubts the two main conclusions, after knowing of their existence, commits Heresy. The Response holds that the dogmatic force of the two propositions is “manifest,” a term not lightly used by any theologian. This means that one is dealing here not with a matter of a theologian’s personal opinion, but with two core non-negotiable Articles of Faith. The Response, therefore, is “official” and binding in that it simply restates infallible teachings of the Ordinary and Universal Magisterium, already stated unequivocally by Cardinals Joseph Ratzinger, prefect of the CDF, and Tarcisio Bertone, then secretary of the CDF, in their own commentaries to the Professio Fidei of 1998. Hence the Response’s rapid and forceful content.

The Response goes even further in specifying that any baptized Catholic who publicly states, “I’m personally opposed, but I support a woman’s right to choose,” is in fact presumed by Canon Law to be guilty of heresy, with the burden of proving that he is not shifted to the violating politician. A Catholic who publicly professes the right to choose heresy is automatically excommunicated, not by any declaration of the Church per se, but by the acts committed by the individual, and thus being in a state of mortal sin is ineligible to receive any of the Sacraments of the Church, including reception of the Eucharist, marriage, absolution from sin, and even Christian burial until the error is recanted and excommunication is lifted.

The often cited "Cuomo" defense, “I am personally opposed but I support the right to choose” has now been cut in half: A pro-choice Catholic politician who says that he is “personally opposed” to the ACT of abortion itself still commits Heresy by publicly supporting the civil RIGHT to choose abortion.

The fact that the Response was provided to a layman at the request of the Undersecretary, in writing, and in only eleven days is considered unique by numerous Bishops familiar with the matter. The extensive detail of the response, decisively clarifying the matter was unexpected. Normally, only a bishop may request such clarification of doctrine from the CDF and receive an official reply. Such responses usually take a much longer time to be received, and they are rarely made public.

Balestrieri also announced that the Denunciation for Heresy, a kind of lawsuit under the Catholic Church's Canon Law, filed against Senator Kerry is now pending before Kerry's bishop, Archbishop Sean O’Malley of Boston, according to the head of the Tribunal of the Archdiocese of Boston whom Balestrieri met with in person at the offices of the Metropolitan Tribunal at the end of July. The judge told him explicitly twice that the case had not been rejected, and that it was “now in the hands of the Archbishop.” At the same time, Balestrieri was informed that the Tribunal simply did not have enough time to properly handle the sheer number (thousands upon thousands) of Denunciations and Complaints from ordinary Catholics that have poured in by certified mail. He also clarified that the Archbishop had not yet decided whether to instruct the Promoter of Justice, whose job is similar to that of a prosecutor, to formally charge Kerry with Heresy or any of the five other ecclesiastical violations Balestrieri had denounced him for.

Balestrieri is asking all individuals and groups seeking to join his canonical actions, as a result of the Tribunal’s hesitation in handling the cases, for all future denunciations and complaints to be sent to Archbishop Sean O’Malley directly, in accordance with instructions which he will be sending out over the next few days, as posted on the DeFide.com website and sent to the thousands of supporters by e-mail.

With account taken of the developments and advice received while in Rome, Balestrieri has now decided he is able to broaden the actions he has filed to include other notoriously pro-abortion Catholic politicians of both the Republican and Democrat parties. Apart from amending his Denunciation and Complaint against Sen. Kerry to include the Response, four additional Denunciations and Complaints have been filed against Sen. Ted Kennedy (D) of Massachusetts; Sen. Tom Harkin (D) of Iowa; Mr. Mario Cuomo (D), former Governor of New York; and Sen. Susan Collins (R) of Maine. They have been filed today in the five Ecclesiastical Courts of the five separate Dioceses of Boston (MA), Fall River (MA), Des Moines (IA), New York (NY), and Portland (ME). Balestrieri said the four have been chosen based on their consistent, extensive, and public pro-abortion records.

Balestrieri has appealed for the thousands of joinders to be vigilant for procedural updates and specific canonical instructions which he is sending out this week.

Contact: secretary@defide.com or www.defide.com for more information.



NEWS RELEASE No. 1

July 1, 2004

FOR IMMEDIATE RELEASE Contact: Marc Balestrieri – (310) 917-2719 Total of (3) pages Website: www.defide.com E-Mail: news@defide.com

Heresy Lawsuit Filed Against John F. Kerry

LOS ANGELES, CA – An international non-profit association, De Fide (“of the Faith”) announced Thursday that its Director, Marc Balestrieri, J.C.L. has filed a Dual class-action Denunciation and Criminal lawsuit at Canon Law for the crime of Heresy against presidential candidate Senator John F. Kerry. The action, normally under the highest procedural secrecy, was filed before the Ecclesiastical Court of the Archdiocese of Boston headed by Archbishop Sean O’Malley on 14 June 2004.

Five other criminal counts are alleged in the Denunciation and Criminal Complaint: Diabolical Scandal Leading to Heresy; Formal and Immediate Cooperation in Heresy; Sacrilegious Abjection of the Holy Eucharist; Diabolical Scandal Leading to Murder; and Grave Harm to Public Morals and Contempt for the Faith and Ecclesiastical Authority.

The charges alleged are extremely grave, account taken of the fact that the Code of Canon Law provides for automatic latae sententiae Excommunication in the case of two of the six crimes alleged: Heresy under Can. 1364-1 CIC, and Abjection of the Sacred Species (Holy Communion) under Can. 1367.

The alleged Heresy is the “Right-to-Murder” doctrine directly contained in the “pro-choice” position supporting abortion rights. The Catholic Church considers all direct and voluntary abortions as simply another form of murder, condemned by the Fifth Commandment. It is the professional opinion of DE FIDE, based on 2,000 years of constant Christian teaching, most recently encapsulated in Pope John Paul II’s Encyclical Evangelium Vitae of 1995, that the doctrine promoting the right to directly procured abortion is a heresy in every canonical and theological sense of the term.

The suit comes less than two weeks after the United States Conference of Catholic Bishops formally warned Catholic politicians who support abortion rights to refrain from receiving Holy Communion. The Bishops’ statement, however, stopped short of ordering Catholic bishops and priests to deny Communion, leaving the decision to withhold the Sacrament a matter of personal choice for each Bishop and his diocese.

The case is unprecedented in the history of the American Roman Catholic Church in three ways:

First, it is a lawsuit for Heresy, a public Ecclesiastical crime under Cc. 751 and 1364 of the Code of Canon Law. Moreover, never have the five other crimes alleged in the Complaint, especially Sacrilegious Abjection of the Sacred Species carrying the penalty of Excommunication reserved to the Holy Father, ever been adjudicated before.

Second, it is a Class-Action Criminal lawsuit. Never has a complaint been filed specifically alleging an aggrieved class, either acting in principal position, or as third-party joinders. The notoriety of Defendant’s actions easily support such a class. Canons 128, 1596, and 1729 of the Code permit an unlimited number of third-party aggrieved joinders to attach themselves to the complaint.

Third, it is a Dual-Denunciation for Heresy and Criminal Complaint for Heresy, not just a denunciation, which has never been done before, to the knowledge of experts, anywhere in the world, in living memory, in a vertical movement proceeding from the laity. The Congregation of the Doctrine of the Faith is usually the entity which investigates and tries suspected heretics. As stated by the Rev. Arthur Espelage of the Canon Law Society of America, this case is “truly unique…a nuclear missile.” Cfr. http://www.washtimes.com/national/20...1108-2541r.htm

Mr. Balestrieri decided to publicize the suit after having waited to see the statements and results of the Bishops assembled in conference in Englewood, Colorado. A graduate of the Pontifical Gregorian University of Rome, the oldest of Jesuit universities founded in 1551, he is fluent in five languages. He has practiced Canon Law both part-time and full-time for ten years. He currently is serving as a Defender of the Bond, Associate Judge, and Advocate for his home Tribunal.

Although some practitioners of Canon Law have stated that the Archbishop in the instant case has no obligation to prosecute the Defendant as a result of a mere denunciation being filed, after reviewing the Complaint, the same practitioners agree with DE FIDE that as this Denunciation has been filed simultaneously with a Bill of Complaint for the Repairing of Harm, the Archdiocese of Boston, or the Vatican, does have an obligation in justice and at Canon Law to decide the case. The Judge, once having received the libellus litis with a “semblance of the truth” of the facts alleged in the case, must proceed either by 1) judicial trial, or 2) extra-judicial decree.

The Plaintiff decided to risk his career and reputation for the sake of doing what he thought was an obligation and duty in conscience to defend the Faith and the Sacrament of the Holy Eucharist from attack and sacrilege, no matter what the cost. This decision was directly based upon three considerations:

First, the binding teaching of the Instruction of the Vatican on the Holy Eucharist, Redemptionis Sacramentum, promulgated this year: Article 183. Let everyone do all that is in their power to ensure that the Most Holy Sacrament of the Eucharist will be defended from any and every irreverence or distortion and that all abuses be thoroughly corrected. This is a most serious duty incumbent upon each and every one, and all are bound to carry it out, etc.

Second, the grave lack of disciplinary measures mandated by Canon Law not being enforced by various Bishops vis-à-vis openly defiant Catholic politicians, in the instant case, Defendant John F. Kerry.

Third, in the most grave matters of a Life-Threatening Heresy promoting the “Right-to-Choose” Abortive Murder, and continuous Sacrilegious and Contemptuous reception of Holy Communion, the faithful are compelled to take action if their Pastors won’t
jcookc6 is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360