The ND 88 and The Gay Rights March: Rationalizations and Silence.

As we have reported previously, Father Jenkins has steadfastly declined to tell the prosecutor that Notre Dame is wiling for him to drop the trespass charges against those who demonstrated against the University’s action in honoring President Obama. He has also steadfastly declined to explain why. His and the University’s standard response has been that Notre Dame does not have the legal right to dismiss the cases. That is quite true and also quite irrelevant, as we wrote in our letter to Father Jenkins, as pro-life advocates have emphasized, and as Father Jenkins surely realizes. The question is not whether Notre Dame can require dismissal. It is, rather, why Father Jenkins does not suggest it. It is up to the prosecutor, not Father Jenkins, to decide whether the public interest requires prosecution. The University’s purpose of preventing disruption was served by the arrests. It is hard to see any remaining purpose other than retaliation, at least in the absence of any other proffered explanation.