In the weeks since reports of Cardinal Theodore McCarrick’s sexual abuse of seminarians and minors began to appear, there has been a chorus of cries for an investigation—not just into how the incidents of abuse took place, but also into how McCarrick advanced in the hierarchy despite them. The investigation must find the culprits who, knowing McCarrick’s misdeeds, were responsible for his ecclesiastical advancement.
USCCB president Archbishop Daniel DiNardo raised the prospect of an investigation in a statement immediately after the scandal broke, saying “We are determined to find the truth of this matter.” Cardinal Donald Wuerl of Washington DC recommended a church probe staffed by bishops. Bishop Edward Scharfenberger of Albany called for “an independent commission led by well-respected, faithful lay leaders.” Bishop Robert Barron of Los Angeles took up the cry at his Word on Fire blog, saying that we must learn “what the responsible parties know, and when did they know it” even as he put the ultimate blame on the devil. A group of young conservative Catholic academics and writers, in an open letter published at First Things, angrily insisted on an investigation as well.
The scope of such an investigation is sometimes described in narrow terms, focusing solely on how McCarrick got promoted. In other instances, a broader inquiry is envisioned, including a probe into why his successors in Metuchen and Newark kept payouts to adult survivors of McCarrick’s abuse a secret. But in every case the demand is to identify the people who failed to stop him. The expected result is a return to a state of justice, once these individuals are named and censured (though who would censure them and in what way is unclear). Permit me to observe that these responses are typical of American confidence in legal and penal solutions to injustice. They are also likely to fail.
There are several reasons why. First of all, what will the people calling for these investigations do if Pope Saint John Paul II is implicated? He is likely implicated, after all. He gave McCarrick the red hat. He signed off on his advancement. John Paul knew that Marcial Maciel Degollado, founder of the Legionaries of Christ, had numerous accusations against him, yet he supported him to the end. He may well have known about McCarrick too. Yet the Polish pope, who many call “great,” is now canonized and has a place in the calendar of saints. How much do you want to bet that any official church investigation—no matter who conducts it—will be circumscribed in such a way that it cannot impugn his memory? Yet if it cannot reach the top, it cannot satisfy the demand for truth.
Second, in order to discover who is responsible for the McCarrick mess, an investigation would have to find out and make public the workings of the Congregation of Bishops that were responsible for his advancement. It would need to report on the machinations that went on behind the scenes at that curial institution. This is plainly impossible. No American committee, even one comprised of bishops, can conduct a forensic investigation into that body. It is out of our reach.
Third, to be fair, any investigation of how the McCarrick scandal came about would also have to acknowledge the widespread practice of “winking” at the misdeeds of the ordained—a practice so common that it may fairly be said to be a feature of clerical culture. Winking means looking the other way, or passing off with a joke, anything that uncomfortably hints at malfeasance. Truth demands that we take this phenomenon into account. But can winking even be investigated? Once you start lining up everybody who laughed something off, or didn’t want to get involved, or looked the other way rather than confronting a powerful man who did unethical things, you certainly do “find the truth of this matter”—but unfortunately it’s this: the flourishing of McCarrick’s career despite his crimes is the result of a systemic problem.
Systemic problems cannot be cured by finding culprits. They require systemic solutions. This fact should sharpen our wits rather than discourage or defeat us. The cover up of abuse and the concomitant enabling of abusers, after all, is a phenomenon we already understand fairly well in the church. It arises from a confluence of factors: the insularity of clerical culture, the willingness of clerics to lie to protect one another, and the corrosion of moral integrity when motives of faith and mission give way to concerns about advancement, power, privilege, and maintaining insider status.