With due respect, perhaps you are just reading too much into Cardinal Burke’s comments. I think Cardinal Burke has made it clear that he does not support the Kasper proposal and he wants the Pope to stand firm on the Communion issue, and Cardinal Burke is not alone, there are many other people who want Pope Francis to stand firm on this issue too. But to read into so much into his comments and try to translate them into what you think it really means - ‘political’ or ‘legal speak’ you say, I think frankly, your translation is questionable in regards to accuracy. You may think your translation, so to speak, of his comments is accurate, but it may not be.
Cardinal Burke is a very intelligent and well respected Canon lawyer, a bishop of many years, and did not end up in Rome in the Curia because he was a country bumpkin. He is a very astute individual who has had ample press time before he ever got to Rome. I am more than happy to stand by my translation.
Cardinal Burke is, no surprise to anyone, not a liberal. Nor has he ever indicated that his position on matters ever even tended toward liberal. That is perfectly fine; the Church has always had people who are more conservative and those who are more liberal, and contrary to those on both ends of the spectrum, there is plenty of room within the Church to be either liberal or conservative and be absolutely within the spectrum of the Magisterium (and we can also admit there are those on either end who may step beyond the bounds of the Magisterium, or even leap).
We have a Pope who is unlike any in my lifetime - and I was 12 when Pius 12th died, so I have seen 7 Popes. Francis clearly eschews the pomp and circumstance of the office, and in that he clearly upsets some people. He also speaks off the cuff, and much (often edited to the extreme) reported by the secular press is taken out of context and played for what it is not. That, too, has upset many.
What gets reported (somewhat) and receives far less attention are the statements which clearly indicate that this Pope is not out to change doctrine or morals (as he directly stated at or after his visit to the Philippines).
It also has been reported that any number of Cardinals wanted a Pope who would make some serious changes to the Curia, whom the Cardinals found to be bureaucratic and too often unresponsive, or at least unhelpful.
And this pope has done something no other Pope has done, and that is have a synod which was open. It has been said that one should never watch sausage being made; the same might be said of the synod.
And I have little doubt that either of those last two issues sit well with Cardinal Burke; and coupled with the secular press reporting (some of) what the Pope says (and he does so frequently), they do not sit well with a lot of Catholics.
Perhaps, had the synod not been open, Cardinal Burke would not have made his statement.
Cardinal Burke could have spoken clearly to allay the concerns of the “many”. He most certainly did not. I am not the least offended that he disagrees with the Pope’s decisions and method of catechesis. However, protocol would be that he take it up somewhere besides in the public square.
Cardinal Burke, and the “many” want a different response from the Pope, and they are not getting it. The Pope has not gone off the rails; and the Cardinal could have said as much. He clearly didn’t. The Pope has a style that is causing consternation; we can all agree with that.
So there are really several matters at play. One is the proposal by Cardinal Kasper and others, and I have no problem whatsoever with Cardinal Burke publicly addressing that issue with the Cardinal, or referencing the Cardinal…
Another issue is the Pope’s style of fulfilling his office. Over time, that may ameliorate, or it may not, and as long as people look to and read the secular press, there are going to be problems, as the secular press has its own agenda, one far different from the Magisterium.
When an issue needs to be addressed, then one looks at how it is addressed. The “many” have a serious problem with the Pope; and if one is going to address it, one does not do so by speaking of one’s respect for the office - which is not the object of the concern; one addresses the issue of the Pope directly. When one clearly sidesteps addressing the problem, that, too is patently obvious to those who understand and are conversant with “political speak” or “legal speak”.