Thread by @canonlawyered

THREAD on #McCarrick:
Many seem convinced a decision is due out tomorrow.

Anything is possible in this case, as we’ve seen. But some thoughts.

The Féria IV of the CDF is scheduled to meet on Wednesday. A decision on McCarrick the day before would be interesting...

This would suggest that the decision was not being issued by the Féria IV itself but from some members of the CDF delegates to judge the administrative process.

Art. 27 of Sacramentorum Sanctitatis Tutela allows recourse against administrative decrees of the CDF to the Féria IV

If the Féria IV is expecting an appeal, a conviction could be announced Tuesday and rejected by the Féria on Wednesday. But there’s no reason why they need publish the two notifications separately instead of both the same day (Wednesday)...

The expectation of an appeal also suggests that the decision/penalty would not be imposed at the specific concession/in the name of the Pope, against which there can be no appeal.

But... SST art. 21.2.2 says that:

In administrative cases the CDF can “present the most grave cases to the decision of the Pontiff with regard to dismissal from the clerical state...when manifestly evident that the delict was committed and having given the guilty party the possibility of defending himself.”

If they haven’t exercised this option, the question would be, why not?

The pope has previously said he prefers personal involvement in cases involving bishops.

Also all signs suggest there is no appetite in Rome for an appeal to drag on for months.

Either the case was clear enough that the administrative process was appropriate in the first place, in which case why not give it to the Pope for approval, foreclosing against a presumably dilatory appeal.

Or it wasn’t sufficiently clear, in which case why all the rush.

Finally, the other (non legal) consideration is thatRome does not want McCarrick overshadowing the Feb summit on abuse in Rome. Why then create a media storm ahead of that if there’s a chance of an appeal?

All in, anything could happen - as we have seen - but Wednesday seems more likely than tomorrow from most angles I can see.

But Rome moves in mysterious ways and we know little about the people and process that’s been used.
End thread.

Ps- no matter when the announcement, you will find the best, most comprehensive and expert coverage @cnalive - guaranteed.