This was stated a long time ago by Bl. John Paul II. I can’t recall the year, but it was right after the excommunication. The Archbishop asked for a hearing, because Canon Law says that he is entitled to have one. His defense what the state of emergency. When the request reached the Vatican, my guess is that it must have gone to the Signatura, which is the department that deals with legal cases, Bl. John Paul said that there would be no hearing, because the law did not apply to Archbishop Lefebvre. This was actually stated by the Archbishop himself in one of his letters. He was very upset, because Bl. John Paul dismissed a canon so as to deny him a way out other than submit to the Holy See.
When Cardinal Ratzinger was elected pope, the issue of a hearing came up again. I’m not sure if it was the SSPX or the Roman Curia would brought it up. Pope Benedict said that he was willing to lift the excommunication, but not willing to have a hearing. To have a hearing would be to admit that the papacy had doubts and in fact, neither he (Pope Benedict) or his predecessor (Bl. John Paul) had any doubts about the validity. Canon Lawyers have said that given what Pope Boniface VI, I think it’s the VI, said about Canon Law and the pope, this is perfectly legitimate and honest. The pope can apply canon law unilaterally to whom ever he wants to apply it, but he cannot be bound by Canon Law, previous popes, or councils.
The remission of the excommunication was Pope Benedict’s final statement that the excommunications were valid. Had there been any doubt, there could not be a remission. There would first have to be a trial to determine if a remission was needed.
I don’t know what is said among the priests of the SSPX, but apparently the four bishops were fine with this. They requested the remission of the excommunication rather than a trial and were happy to get it. Pope Benedict said that he was lifting the excommunication at their request.
I have a good friend who’s an SSPX priest and he’s very honest. He believes that the claim about the canon and the state of emergency was a last ditch attempt to redeem themselves and that the Pope was not willing to entertain it, because it was obvious that they did not stand a chance. Even the SSPX recognize that Canon Law is subject to the interpretation and application of the pontiff, not the law itself. In other words, just because the law says that you’re entitled to a trial, does not mean that you’ll get one. The Pontiff can simply say that the law does not apply to you and no one can challenge that. Because there is no appeal above the pope. You can’t call on God to sit on a tribunal.
At this point, it’s all water under the bridge, because the excommunications were lifted and the four bishops and the pope are happy. The next step is to see if the Holy Father likes whatever it is that the SSPX said in the preamble.
Then we deal with the aftermath. There are going to be SSPXers who are not going to come home and there are going to be radical liberals that are not going to give the SSPXers a welcome home party.
This almost reminds me of the reconciliations with some of the Eastern Churches. They’er Catholic, but they’re on the edge. They shy away from the mainstream and the mainstream is happy that they do. It’s unfortunate, but who ever said that human beings are always rational?
Fraternally,
Br.JR, FFV