It’s been about two years since President Obama was honored by the University of Notre Dame. On that sad day, the university named after Our Lady had pro-life demonstrators arrested for trespassing while other demonstrators were ignored. Their prosecution has been the focus of many pro-life organizations and media which have called for the charges to be dismissed. Finally, after two years, the charges were just dropped against the pro-lifers, according to the Sycamore Trust.
Counsel for Notre Dame and for the ND88 announced today a settlement pursuant to which the criminal charges against the ND88 have been dismissed.
Under the agreement, the ND88 agreed not to sue the University for damages and the University in return agreed to ask the prosecutor to dismiss the charges, which he has done.
This is a notable victory for the defendants, who refused to take an easy way out, and a prudent backing off by the University. Defendants had filed notice of their intention to sue the University for discriminatory arrest and the time period for filing their suits was about to expire. Presumably the complaints would have been filed within a few days if a settlement had not been reached.
By securing the defendants’ promise not to sue, the University has not merely avoided possible monetary liability but has also protected its officers and agents from potentially troublesome examination by defense counsel in both criminal and civil cases.
University officials, for example, would doubtless have been called upon to explain why the University has let go pro-gay and anti-war demonstrators who were arrested for trespass while it has supported the prosecution of these pro-life demonstrators – an uncomfortable fact uncovered by Sycamore Trust that contradicted Father Jenkins’s assertion that the University was treating the ND 88 like everyone else.
Of course, it would have been far better had the University taken this action some two years ago out of Christian compassion and a solidarity of interest with these pro-life defendants. There is no way now for the University to erase the damage these prosecutions have caused to its pro-life standing through the drumbeat of criticism from pro-life forces. While one hopes there has been even at this late date a change not only of mind but also of heart on the part of the University, this “Agreement Not To Sue” appears on the face of it to be essentially a lawyer’s move to cut losses and avoid risks.
Great thanks should go from all pro-lifers to the wonderful lawyers like Tom Dixon as well as the Thomas More Society lawyers Tom Brejcha and Peter Breen.
May 6, 2011 at 12:57 pm
You know, the interesting thing is, Norte Dame was the NCAA football champion in 88.
May 6, 2011 at 11:21 pm
Notre Dame 88
As members of the Catholic Church, the Notre Dame 88 are members and associates of Notre Dame University and through their contributions, including being there to participate in the event, have every civil right and freedom to peaceably assemble and be present at Barack Obama’s speech.
Contributions to Notre Dame University have fallen off by more than 50%. Did Father Jenkins think that God would not notice. Maybe Father Jenkins thought that Barak would make up the difference. On you way to court, settle with your opponent so that you will not be handed over to the judge and tossed in prison. You will not be released until every penny is paid back. History will note Father Jenkins' abuse of his office and the detriment it had on Notre Dame Univesity, even after Obama had IHS covered over at his Georgetown address. When will we, the people, recognize that we are being treated as subhuman because of Jesus Christ? Rise up and tell the evil doers that Jesus Christ is KING.
May 7, 2011 at 7:23 pm
The crucifixion of Jesus Christ violated every law that the Jews had. The High Priests were willing to break every law to satisfy their jealousy of Jesus Christ, the TRUTH. ENTER FATHER??? JENKINS.