Text messages released by the Senate Judiciary Committee show two former federal prosecutors discussing desires to prosecute nuns during investigations of the Jan. 6, 2021, attack on the U.S. Capitol.
Joseph Cooney and Molly Gaston, career prosecutors at the Justice Department rather than political appointees, played a role in prosecuting President Donald Trump during former President Joe Biden's administration. Both were fired shortly after Trump became president a second time and are legal partners at Gaston & Cooney PLLC. Cooney is running for Congress in Virginia.
While texting on government-issued devices, Gaston wrote about a photo published by The New York Times from Trump's "Stop the Steal" rally, which preceded the Jan. 6 attack, saying: "I just noticed for the first time the nuns near the oathkeepers in one of the NYT photographs."
Cooney said, "I know!" to which Gaston replied: "I would like to take a special assignment of finding and prosecuting them."
Cooney, who worked in the Justice Department's Public Integrity Section, responded to her comments about prosecuting the women by saying "I'm with you" and adding: "Although I'd like to prosecute any nun who still wears the head habit." Gaston, who was a lead prosecutor in the special counsel's Jan. 6-related case involving allegations of efforts to overturn the 2020 election, replied to the message with "hahaha."
The photo shows three women wearing traditional habits standing on the National Mall near the stage for the rally and does not show them trying to breach restricted areas or enter the U.S. Capitol. The women appear to be associated with a convent that is not in communion with the Roman Catholic Church and does not have canonical standing with the Diocese of Lansing, Michigan, where they are located.
Another photo of the women at the rally published by The Conversation also does not show anyone trying to enter restricted areas or the Capitol. EWTN News could not reach the women in the photos.
The text messages also show Gaston saying "people are insane" for wanting priests to deny Communion to Biden. The two also discussed the COVID-19-era restrictions on the Mass, with Gaston saying she has been "really bad about [tuning into] video Mass" and Cooney saying "video Mass is really hard."
Nearly all Catholic sisters and nuns wore habits prior to the Second Vatican Council, although the practice since then often depends on the religious community to which the person belongs or can come down to personal choice.
The Carmelite Sisters of the Most Sacred Heart of Los Angeles explain on their website that a habit is "economical, simple, modest, and above all a sign, a symbol, of God and his love for each of us."
"Our habit calls out silently to people we meet or even pass by in the street, the store, even the beach," the website states. "It says, 'Look up; for greater things you were born.' It says, 'Hold on, this too shall pass, and God is with you always leading you in the way you are to go.' It says, 'I am a symbol, a reminder, of God's presence in our world. You can't actually see him, but in seeing me you are reminded of him.'"
The Dominican Sisters of Mary Immaculate Province state on their website that their habit is "a sign of our consecration to God and witness to poverty."
"We are vested with a white tunic, a black belt with a rosary attached, a white scapular, a veil, and cappa," it states. "Symbolically, black reminds us that we have been called from the death valley of sin toward a life of intensified grace in Christ (white). The visible habit furthermore reflects the simplicity of life, innocence, renunciation, penance, and mortification, a hidden life in Christ."
'I was appalled'
EWTN News received copies of the text exchange, first reported by the Daily Wire, from the office of Sen. Chuck Grassley, R-Iowa. EWTN News contacted Cooney's campaign and the law firm where both are partners to request a comment and did not receive a response.
The messages were provided to Grassley's office by the Justice Department in relation to a Senate Judiciary Committee investigation into federal efforts to prosecute Trump during Biden's presidency.
"Freedom of religion is a cherished First Amendment right enshrined in our Constitution by the Founding Fathers," Grassley, chair of the Judiciary Committee, said in a statement provided to EWTN News.
"I was appalled, but sadly not surprised, to discover evidence of Biden DOJ prosecutors threatening to use the power of the federal justice system to target people of faith," he said. "Time and again, my oversight has shown the Biden Justice Department, including these prosecutors who went on to advance Jack Smith's Arctic Frost investigation, showed total disdain for equal justice."
Nearly 1,600 people were prosecuted in Jan. 6 cases for a range of offenses connected to the breach of the U.S. Capitol, including unlawful entry, assault, property destruction, obstruction of an official proceeding, conspiracy, with President Trump later granted clemency to about 1,500 of them.
It does not appear the photographed women faced prosecution, although some Catholic sisters have fended off federal encroachment into their religious activities in recent years.
Most famously, the Little Sisters of the Poor won a U.S. Supreme Court case in 2020 following a nine-year-long battle against the mandate to cover contraception in their insurance plans, per rules in the Affordable Care Act. In spite of that victory, the sisters are still fighting federal contraception rules in court.
In New York, the Dominican Sisters of Hawthorne, who provide care to terminally ill people, faced a warning from the state Department of Health for "refusing to assign a room to a resident other than in accordance with the resident's gender identity." They are also fighting the rules in court.
On April 30, Trump's DOJ published a report on "anti-Christian bias" it alleges plagued the federal government under Biden's presidency. It documents rules and regulations that damaged religious liberty related to abortion, contraception, and gender policies. It alleges weaponization of the government against Christians, including pro-life protesters.
